When sentencing for the offence of Recklessly Causing Harm under s 24(2) of the Criminal Law Consolidation Act 1935 (SA), the distinction between recklessness as to harm and recklessness as to serious harm is not a 'fine distinction' but a very important one for proportionate sentencing. While the actual harm suffered by the victim may be taken into account, it must not be given such weight as to effectively sentence the offender for the more serious offence of Recklessly Causing Serious Harm under s 23(3). A starting point of two-thirds of the maximum penalty was outside the permissible range where the blow was struck with an open hand and the prosecution accepted the offender did not contemplate serious harm.
The full text is available to signed-in members.