Crimes Act 1958

S. 16 substituted by No. 10233 s. 8(2), amended by Nos 49/1991 s. 119(1) (Sch. 2 item 8), 48/1997 s. 60(1)(Sch. 1 item 10).

A person who, without lawful excuse, intentionally causes serious injury to another person is guilty of an indictable offence.

Notes to s. 16 inserted by No. 69/2014 s. 8(3), amended by Nos 28/2016 s. 6(2), 65/2016 s. 20(10)(11), 48/2018 s. 85, substituted by No. 23/2020 s. 12.

Notes

1 An offence against this section is a category 1 offence under the Sentencing Act 1991 if the victim was an emergency worker on duty, a custodial officer on duty or a youth justice custodial worker on duty and the offender knew or was reckless as to whether the victim was such a person. See section 5(2G) and (2GA) of that Act for the requirement to impose a custodial order or other specified order for this offence if committed in those circumstances.

2 An offence against section 16 (other than a category 1 offence referred to in note 1) is a category 2 offence under the Sentencing Act 1991. See section 5(2H) of that Act for the requirement to impose a custodial order for this offence unless the circumstances set out in paragraphs (a) to (e) of that subsection exist.

3 See section 10AA(1) of the Sentencing Act 1991 for the requirement that a term of imprisonment be imposed for an offence against section 16 and that a non-parole period of not less than 3 years be fixed under section 11 of that Act if the victim was an emergency worker on duty, a custodial officer on duty or a youth justice custodial worker on duty unless the court finds under section 10A of that Act that a special reason exists.

Note 4 to s. 16 amended by No. 32/2024 s. 1018.

4 See section 10AA(2) and (3) of the Sentencing Act 1991 that allow a youth justice custodial order for a term of not less than 3 years to be made in certain circumstances in respect of a young offender for an offence against section 16 if the victim was an emergency worker on duty, a custodial officer on duty or a youth justice custodial worker on duty.