This table is intended to be used as a guide only. Individual cases should be read if they are to be relied upon.
Section 35(1) Recklessly cause GBH in Company
s.35(1) Crimes Act 1900 (NSW) –
Standard non-parole period (where conviction entered or
guilty plea accepted on or after 1.1.2008) – 5 years
This amended section
 NSWCCA 144
(in exercise of discretion)
SNPP – 5 years
Approached group of youths with several other offenders with intention to fight – two victims assaulted by co-offender with shovel – bashed to head – another co-offender angered by earlier confrontation
Supporting partner and child – remorse – good prospects of rehabilitation
Assist - 40-50% combined discount
Section 35(2) Recklessly Cause GBH
s.35(2) Crimes Act 1900 (NSW) - 10yStandard
non-parole period (where conviction entered or guilty plea accepted on or after
1.1.2008) - 4 years
This amended section commenced 27.9.2007
 NSWCCA 158
(15% on appeal)
SNPP – 4 years
Resident of Wesley Mission stabbed another resident during argument – three stab wounds to abdomen – excessive response to self defence and provocation
Offence "in mid-range, somewhere towards the lower end": at .
 NSWCCA 277
Assaulted victim after victim hit A's cousin – victim and A's cousin in defacto relationship – A kicked and punched V whilst on ground – various injuries including fractured jaw, nose and ribs.
 NSWCCA 247
NPP 1y 10m
Smashed glass in victim's face during altercation at club – victim had arm in plaster cast – victim lost sight in one eye as a result of incident.
Above mid range objective seriousness.
 NSWCCA 1
Victim intervened after offender grabbed female companion on buttocks at hotel - Smashed glass into victim's face – eye later surgically removed – intoxicated
Prior good character but history of alcohol abuse - remorse
 NSWCCA 128
Involved in fight with neighbour in street – both men exchanged punches – grabbed victim to head and kneed him in face causing facial fractures and loss of sight to eye – long term feud
 NSWCCA 204
(not stated - Local Ct)
Single blow to V who fell and hit head on pavement – V suffered serious head injury with multiple skull fractures and brain swelling – argument at club.
Mid-range objective seriousness.
 NSWCCA 283
Appellant and two companions forcefully ejected from hotel by victim – threw glass at victim striking him in the head – angry at treatment – spontaneous offence – significant injuries – slightly less than mid-range
Suffering depression and back injury
 NSWCCA 54
(10% on appeal)
NPP 1y 3m
In highly intoxicated state – riding as passenger in vehicle being driven by V (D's girlfriend) – in emotional and aggressive state following argument on phone with friend - told V where to drive – grabbed steering wheel causing vehicle to collide – V suffered serious spinal injuries – D had no recollection of events - unusual case.
 NSWCCA 86
Stealing, assault, street offences, breach AVO (against same victim).
History stopped in 1997 and did not resume until 2008.
Lived in same Department of Housing development as 53 year old female victim – history of altercations between D and V – punched victim several times – victim suffered fractured nose – injuries at lower end of spectrum.
Mental illness – on bond.
 NSWCCA 123
s. 195 – Destroy property
NPP 1y 6m
AA – Appeal on s 35(2) offence only
Attacked neighbour in apartment block following history of disputes – Struck victim in forearm and to forehead – s.195 offence involved damaging victim's door .
Offence in mid-range.
Mental illness - Denial of procedural fairness at sentence.
 NSWCCA 97
4y 10m 15d
NPP 2y 11m 2d
NPP 2y 3m
Glassed victim to side of face – victim suffered permanent loss of vision to right eye – spontaneous attack – victim had intervened in argument between applicant and other persons - applicant intoxicated.
CCA assessed offence as about midrange.
Mental impairment – SJ failed to take into account causal connection between A's mental impairment and commission of offence – error as to assessment of objective seriousness.
 NSWCCA 161
NPP 2y 6m
Punched female performing traffic control duties twice in mouth – facial injuries and broken leg from fall – spontaneous offence – mid range severity
Dysfunctional childhood – drug and alcohol abuse – PTSD – some evidence of rehabilitation – extra curial punishment from injuries inflicted when being restrained
 NSWCCA 150
NPP 2y 4m
Drinking with victims in pub – pushed male friend to ground and several kicks to body and head – struck female friend across face and head butted second male friend when they attempted to intervene – affected by alcohol
Out of character
 NSWCCA 216
Truck driver drove over the lower half of another truck driver standing between offender's truck and victim's truck – extensive lifelong injuries – well above mid range
 NSWCCA 161
NPP 3y 4m
NPP 2y 9m
During argument over dog and kitten struck male neighbour twice with piece of wood – blow to back caused serious internal injuries – mid range
 NSWCCA 197
Collided with male victim while being removed from night club – during altercation punched victim once to head – victim unconscious before hitting ground – fracture of skull - no memory of incident but accepted responsibility – both intoxicated
Significant rehabilitation since difficult childhood
 NSWCCA 227
NPP 2y 8m
Struck male stranger at hotel with glass – loss of eye and facial scarring – intoxicated – SJ not satisfied aware glass in hand
Convicted at retrial for more serious offence – offer to plead guilty rejected – evidence of rehabilitation
 NSWSC 284
1y 8m Suspended sentence
Co-offender NWG (brother) struck V who fell unconscious to ground – Both As were with NWG when they confronted V and friends who had attended a party in their neighbourhood – unplanned – one of V's friends was killed when he ran into an oncoming car as he tried to escape – neither A directly assaulted V - each sentenced on basis of consequences of participation in the events that included the assault upon V.
Both: Prior good character – rehabilitation prospects – remorse – strong subjective case
 NSWCCA 130
(not stated – day of trial)
NPP 4y 3m
Set fire to unit whilst victim was asleep inside – V suffered burns to 25% of body – A jealous of V's relationship with A's ex-girlfriend.
Substance abuse, mental health issues.
 NSWCCA 215
In domestic relationship with V, female partner – following argument punched V to both sides of head – V suffered fractured jaw and bruising – underwent surgery.
 NSWCCA 35
(25%) – see 
Single one punch to male victim outside hotel – mistaken belief that V had assaulted A's friend – unprovoked attack, no warning - punched V to jaw – V required surgery and permanent bone plates.
 NSWCCA 47
Offender and victim both walking dogs – dogs became involved in scuffle – offender left dog and returned to punch victim in face three times – fractures – ongoing injuries
 NSWCCA 119
NPP 4y 9m
Assaulted male V at Bondi – Punched V who fell to ground, stomped on V's chest – Purposely sought out V who made it clear he did not want confrontation - V suffered severe head injury, coma and serious continuing injury and rehabilitation.
Alcohol and drug abuse.
Section 35(3) Reckless Wound in Company
s.35(3) Crimes Act 1900 (NSW) –
10yStandard non-parole period (where conviction
entered or guilty plea accepted on or after 1.1.2008) – 4
This amended section commenced
 NSWCCA 95
With SB and JB at train station – AI instigated fight with V and friend – AI carried and wielded knife – kicked V – SB stabbed V a number of times to arm and chest – V suffered life threatening and permanent injuries.
Youth – troubled background – offence not planned – did not inflict stabbing.
Sentence inadequate however due to completion of NPP and release on parole CCA declined to intervene.
SB charged with s 33 ( NSWCCA 95)
 NSWCCA 116
Slashed male stranger standing outside bar on arm with flick-knife – unprovoked attack
Out of character – intoxicated – Chinese national – married – remorse and good prospects of rehabilitation
 NSWCCA 234
NPP 3y 6m
One of group of four males – unprovoked attack on male stranger on street at night – V stabbed under eye by pen – sustained punching and kicking as V attempted to escape – joint criminal enterprise
Born in Sudan – witnesses extreme violence as a child – PTSD – drug and alcohol abuse – subsequent custodial offences confirm guarded prospects of rehabilitation
Section 35(4) Reckless Wounding
s.35(4) Crimes Act 1900 (NSW) - 7yStandard non-parole
period (where conviction entered or guilty plea accepted on or after 1.1.2008) -
This amended section commenced 27.9.2007
 NSWCCA 225
Possess loaded firearm so as to endanger life s.93G
5 x firearms offences
(not stated earliest opp)
1y 10m 15d
(excessively lenient but discretion exercised)
Angry after being told another man had been running around with wife– entered house and struck sleeping wife with orange pipe – threatened wife with loaded shotgun – tied rope around throat – struck wife with shotgun to head – additional firearms found at residence where accused lived during work week – wounding not part of original plan
Victim had limited mobility due to ill health – accused intoxicated and concerned about losing job – no history of violence – out of character – genuine remorse
 NSWCCA 148
Argument with victim who shared house – chased V through house with knife – sustained attack - stabbed V in stomach – serious injury requiring surgery – spontaneous offence.
SJ erred in not referring to SNPP – sentence lenient.
 NSWCCA 44
 NSWCCA 76
 NSWCCA 210
NPP 2y 10m 15d
FT 2y 4m
NPP 3y 4m 15d
Staying with victims in victims' house – stabbed male occupant in chest during lengthy argument over phone – threatened female occupant with knife when she threatened to call police
Long history of substance abuse
 NSWCCA 260
Struck male V in face with two beer glasses at hotel following verbal altercation.
Good character – employed.
 NSWCCA 320
"Blacked out" and stabbed V in bar in stomach area – did not know V.
Mental health - schizophrenia – mental health issues since aged 7 – drug abuse - student – living with parents.