Wounding or Similar Acts

According to WA Law for the charge of Wounding or Similar Acts,

Section 301: A person who unlawfully wounds another, or who unlawfully wounds another with intent to injure or annoy by causing that person to consume or be administered any poison or noxious thing, is guilty of a crime.

‘Wounding’ is taken to mean breaking of the skin and penetrating below the epidermis. Note however, that a mere scratch will not amount to wounding.

Section 221 of the Criminal Code defines aggravation: Circumstances of aggravation means circumstances in which:

(a) the offender is in a family or domestic relationship with the victim;
(b) a child was present when the offence was committed;
(c) the conduct was in breach of a Restraining Order; or
(d) the victim was over the age of 60 years.

According to WA Law for the charge of Wounding or Similar Acts, if the matter is dealt with in the District Court, the maximum penalty is imprisonment for 5 years. Where the offence is committed in circumstances of aggravation, the maximum penalty is imprisonment for 7 years. If the matter is dealt with in the Magistrate’s Court, the maximum penalty is imprisonment for 2 years and a $24,000 fine. Where the offence is committed in circumstances of aggravation, the maximum penalty is imprisonment for 3 years and a $36,000 fine.

1. The person wounded another (either by breaking the skin or causing the person to consume poison or other noxious thing); and
2. The wounding was unlawful.

If the wounding involved breaking the skin, the police do not have to prove intent. However, if the wounding involved causing someone to consume poison or other noxious thing, the police must prove intent.

(a) Accident;
(b) Identification (ie. the accused did not commit the offence);
(c) Emergency;
(d) Self-defence;
(e) Insanity;
(f) Duress; and
(g) The injury suffered does not amount to a ‘wound’.

Provocation is not a defence to this offence.

The matter will be heard in the District Court, or the Magistrate’s Court if being dealt with summarily.

Wounding is an ‘either-way’ offence. Therefore, the offence is most often dealt with in the Magistrate’s Court. However, if the wounding is particularly serious or if the offender is also facing other charges which are dealt with in the District Court, then the Prosecution can make an application for the wounding charge to be committed to the District Court.