The accused and his three friends drank three cartons of full strength beer in his home before heading out to a bar and there, drank heavily while playing billiards.
At the billiards table next to them, the victim and his friends were playing, too. One of the friends of the accused called one of the friends of the victim and told them that they were “fags” and challenged them to a brawl outside the bar.
The victim came between the two men. The accused then came up behind the victim, held him by the neck and hit him with a beer bottle he had in his hand. The victim was wounded in the head.
While the victim and his friends were at the hospital, the accused and his friends were thrown out of the bar. The victim sustained two wounds on the forehead that required sutures. When the police arrived at the bar, the accused was fighting with his brother in the parking lot. He was arrested but he was so intoxicated, he could not be interviewed. He was charged with reckless wounding. He pleaded guilty to this offense and was sentenced to serve 19 months in custody.
The accused is 24 years old. He was 23 when the crime occurred. He had been addicted to cannabis since he was 14. He also began binge drinking when his mother died of cancer. He also went on a binge on the night of the crime as his brother had just died of a heart attack at age 27.
The accused had been previously charged with maliciously inflicting grievous bodily harm with intent to cause grievous bodily harm. The court ruled that the wounding using a glass was deliberate and it was reckless.
The maximum penalty of the offense of reckless wounding is 7 years. His plea of guilt mitigates the sentence. His intoxication cannot be used as mitigating circumstance as his intoxication rendered him unable to realize the gravity of his actions or the effect of his crime on the victim and on society. His intoxication, however, is occasioned by family tragedy. His sentence must be a deterrent: he must serve his penalty of 19 months imprisonment in custody.
Should you or a loved one be accused of reckless wounding, contact an experienced criminal lawyer who can apprise you of your legal rights and who can help you prepare a defence as the crime of reckless wounding is a serious offense with a stiff penalty.
Department of Public Prosecutions v. Gary Patrick GUISA  NSWLC 10. Local Court of New South Wales [online]. Available from: [Accessed 12 April 2013]
Disclaimer : This article is just a summary of the subject matter being discussed and should not be regarded as a comprehensive legal advice for you to defend yourself alone. If you are charged with criminal offences, it is recommended that you seek legal assistance from criminal lawyers.