Glassing attacks, AOABH, wounding, and bail for juveniles in NSW.

The news, in summary.

A teenager has been charged after an alleged glassing attack in Penrith. NSW Police have not released the details of the injuries beyond saying that the complainant was conveyed to hospital. The charge will be drawn from the spectrum of NSW violence offences. Where it lands depends on the answer to two questions: how serious was the injury, and what was the accused’s state of mind when the glass was used.

A glassing attack is treated by the courts as a use of a weapon. The glass is not a weapon by design, but it becomes a weapon when used as one. That single shift in characterisation raises the offence above common assault and engages the more serious sections of the Crimes Act 1900 (NSW).

This article walks through the ladder of NSW violence offences a glassing attack can attract, the bail analysis for a teenager, and how the Children (Criminal Proceedings) Act 1987 (NSW) changes the venue and the sentencing range.

Common assault, AOABH, wounding, GBH: the ladder.

There are five rungs on the NSW violence ladder that a glassing attack can sit on.

Common assault — section 61

Maximum 2 years. The default fallback charge. Used where the injury is minimal or absent. A glassing attack that misses, or that connects without cutting, may attract common assault. The matter sits in the Local Court summarily.

Assault occasioning actual bodily harm — section 59

Maximum 5 years (7 years in company). Used where there is an injury that is more than transient or trifling. Bruises that last, lacerations that need attention, and minor cuts all count as actual bodily harm. The bench’s starting point in a glassing matter that connects and draws blood is section 59. The matter is a Table 1 indictable offence and is heard in the Local Court unless the prosecution or accused elects.

Reckless wounding — section 35(4)

Maximum 7 years (10 years in company). Wounding is more than scratching. It is a break of the dermis, the second layer of the skin. A laceration that produces visible blood is generally a wounding. Reckless wounding adds an additional element: the accused foresaw that wounding was a possible outcome and went ahead anyway. The matter is strictly indictable and is heard in the District Court.

Reckless GBH — section 35(2)

Maximum 10 years (14 years in company). Used where the injury is in the range of grievous bodily harm. Section 4 of the Crimes Act defines GBH to include any permanent or serious disfiguring of the person. Facial scarring from a glassing attack frequently meets the GBH threshold.

Wounding with intent to cause GBH — section 33

Maximum 25 years. The highest rung. The Crown must prove not just the wounding but also a specific intent to cause grievous bodily harm. A specific-intent offence carries the full intoxication defence under section 428C of the Crimes Act, which is rarely run successfully in a glassing matter but is on the table.

Where will a glassing matter land?

The Crown’s charging decision is driven by the injury and by what the police facts say about state of mind. A glassing in the middle of a pub, with no warning and a deliberate motion of the hand, is often charged as a section 35(2) reckless GBH or higher. A glassing in the course of a wider brawl, with no obvious selection of the glass as a weapon, is often charged as section 35(4) reckless wounding.

The Crown can amend the charge upwards or downwards as the brief develops. A medical report received four months after the assault may convert a reckless wounding into a reckless GBH. A statement from the complainant that includes "I didn’t feel anything" may convert a wounding into an AOABH.

Bail for a teenager.

The Bail Act 2013 (NSW) applies to children. There are two adjustments. First, section 22 of the Bail Act gives bail authorities specific factors to consider for children, including the need for the child to have access to education, vocational training, and to remain with their family or carer. Second, the Children (Criminal Proceedings) Act 1987 (NSW) sets out a series of guiding principles in section 6 that the Children’s Court is required to apply, including that the child be informed of the proceedings, that the child have the opportunity to be heard, and that the child’s independence be increased to the maximum extent consistent with the protection of the community.

A glassing charge against a juvenile is rarely a show-cause offence. Section 16B of the Bail Act lists section 33 of the Crimes Act as a show-cause offence only where the matter relates to an offence where the maximum penalty is life imprisonment. A section 33 offence carries a maximum of 25 years and is not in the show-cause list.

In practice, the realistic bail conditions for a teenager facing a glassing charge are a residence condition, a non-association direction with co-accused or witnesses, a curfew, and a prohibition on consumption of alcohol. A condition of school or work attendance is sometimes added; conditions that the child not be denied access to education are within section 22.

Children's Court or District Court?

Section 17 of the Children (Criminal Proceedings) Act sets out the offences that are tried in the Children’s Court in its summary jurisdiction. Most serious indictable offences are tried in the District Court, but the Children’s Court retains a wider jurisdiction than the adult Local Court. A section 35 reckless wounding or reckless GBH involving a child accused is committed for trial to the District Court unless the Children’s Court hears the matter summarily under section 31 of the Act with the consent of the accused.

There is real benefit in keeping a matter in the Children’s Court where it can be kept there. The maximum penalty in the Children’s Court for a single offence is 2 years’ control order. A child who is sentenced in the District Court can receive up to the adult maximum reduced under section 33(1)(g) of the Children (Criminal Proceedings) Act, which is a substantially higher exposure.

Sentencing principles for children.

Section 6 of the Children (Criminal Proceedings) Act sets the principles. Detention is the last resort. Rehabilitation is the dominant consideration. Antecedents are read in the developmental context, not the adult context. The court is required to keep the child in education, training, or work where it is possible to do so.

A glassing matter sentenced in the Children’s Court is open to a youth conduct order, a youth justice conference referral, or a control order. The maximum control order in the Children’s Court is 2 years. The Children’s Court Bench Book sets out the practice on each of these orders.

A guilty plea attracts the section 25D discount, applied in the usual way. Cooperation under section 23 of the Crimes (Sentencing Procedure) Act can be available in matters involving co-accused.

What we do in the first 48 hours.

We obtain the police facts and any AVO that has been taken out. We attend the bail division of the Children’s Court for the first appearance. We ensure that the parents or carers are present. We make a structured bail application that addresses the section 22 considerations and the section 6 principles. We brief a junior solicitor or counsel to attend any compliance mention. We open a file for the brief of evidence and request the Crown statement, the medical report, and the CCTV at the earliest available time.

The work that pays at sentence happens before the sentence date. Evidence of school attendance, evidence of counselling, an apology to the complainant where appropriate, a statement of contrition from the accused, and a clear plan for the period after sentence are the materials that move the bench to step away from a control order.

Frequently asked.

Is a glassing always wounding?

No. Wounding requires a break of the second layer of the skin. A glassing that connects but does not cut to that depth, or that misses the skin entirely, may be charged as common assault or AOABH. The medical report is the document that drives the categorisation.

What is the maximum penalty for a juvenile sentenced for reckless GBH?

The maximum penalty in the Children’s Court for a single offence is a 2-year control order, set out in section 33 of the Children (Criminal Proceedings) Act 1987 (NSW). In the District Court the adult maximum (10 years for reckless GBH, 14 years in company) applies, with the court applying the section 6 principles, including the dominant consideration of rehabilitation.

Can I get bail if I am charged with reckless wounding?

In most cases yes. Reckless wounding under section 35(4) is not a show-cause offence under the Bail Act 2013 (NSW). The bail authority applies the unacceptable-risk test in section 17. Conditions are commonly imposed. A juvenile accused has the additional protection of the section 22 children-specific considerations.

Does a guilty plea matter for a juvenile?

Yes. The section 25D discount of up to 25 per cent for a plea before committal applies. The Children’s Court treats an early plea as a significant indicator of remorse and good prospects of rehabilitation, both of which carry weight at sentence.

Will the matter be public?

Section 15A of the Children (Criminal Proceedings) Act prohibits the publication of the name of a child involved in criminal proceedings. The proceedings themselves are open to the public in the Children’s Court but the child’s name is suppressed.

To speak to a criminal defence lawyer, call Aaron Kernaghan on 0421 717 019.

This article is written by Aaron Kernaghan, criminal defence lawyer at Good Legal Lawyers, as at 25 June 2026. It is commentary and reflects the personal opinion of the author only. It is not legal advice, it is not a substitute for advice on your own matter, and it does not purport to be accurate or complete. Any matter referred to may be before the court and any person charged is presumed innocent. For advice on a specific matter, contact Aaron Kernaghan on 0421 717 019 or contact the firm.

More criminal-law commentary by Aaron Kernaghan.

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