James Nguyen was married to Thi Nguyen. They both regularly volunteered with Youth Off the Streets. James is studying Law and Economics. On a Friday night (when James was 21 years old) he and Thi went to a wedding. They both drank around 10 standard alcoholic drinks. At around 11pm they left the wedding and returned home. James poured a glass of wine and Thi told him that he had enough. James threatened to punch Thi, then he told her to leave the house. She did so. She called her brother Tommy and told him what happened.

A short time later Tommy arrived. He brought two of his friends to accompany him. He stood outside near the street and called out Oy James what the hell did you do to my sister? Get out here now! James came out of his house carrying a small kitchen knife. Whilst walking quickly towards Tommy, James called out Who do you think you are screaming at me this is my house - Im going to get you. One of Tommys friends moved forward and grabbed hold of James and a scuffle ensued.

During the scuffle, James was waving his arm around whilst holding the knife. James struck Tommy to the back of the neck with the knife. Tommys friends broke up the scuffle and Tommy walked away. Tommy later realised that he had been wounded. He went to hospital where he was treated for his injury. According to the treating doctor the wound was superficial, around 1cm deep. The wound penetrated both layers of the skin, however the wound did not penetrate any deeper structures in the neck. The wound was later stitched and there were no ongoing physical symptoms.

James had a problem with alcohol. Since the above incident he has been abstinent. James has never been charged with or convicted of a criminal offence. He is a person of good character.

James was charged by police with the following offences:

1. Wounding with intent to cause grievous bodily harm; s33(1)(a) Crimes Act 1900 (NSW).

2. (alternative)Reckless Wounding ;s35(4)CrimesAct1900(NSW).

1. a) Discuss whether the charges faced by James are strictly indictable, table offences or summary offences. Set out the relevant statutory provisions in support of your conclusion; and

2. b) You act for James. He gives you instructions to do a deal to keep the matter in the Local Court. Write a letter seeking to convince the DPP to accept a plea of guilty to the alternative charge. Ensure that you refer to the relevant Prosecution Guidelines.