South Australian Current Acts

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CRIMINAL LAW CONSOLIDATION ACT 1935 - SECT 21

21—Interpretation

In this Division—

"cause"—a person causes harm if the person's conduct is the sole cause of the harm or substantially contributes to the harm;

If a victim suffers serious harm as a result of multiple acts of harm and those acts occur in the course of the same incident, or together constitute a single course of conduct, a person who commits any of the acts causing harm is taken to cause serious harm even though the harm caused by the act might not, if considered in isolation, amount to serious harm.

"harm" means physical or mental harm (whether temporary or permanent);

"lesser offence", in relation to an offence against this Division, means—

            (a)         in relation to an aggravated offence—the basic offence or another offence against this Division, Division 7AB or section 32A, for which a lesser maximum penalty is prescribed;

            (b)         in any other case—another offence against this Division, Division 7AB or section 32A for which a lesser maximum penalty is prescribed;

"mental harm" means psychological harm and does not include emotional reactions such as distress, grief, fear or anger unless they result in psychological harm;

"physical harm" includes—

            (a)         unconsciousness;

            (b)         pain;

            (c)         disfigurement;

            (d)         infection with a disease;

"recklessly"—a person is reckless in causing harm or serious harm to another if the person—

            (a)         is aware of a substantial risk that his or her conduct could result in harm or serious harm (as the case requires); and

            (b)         engages in the conduct despite the risk and without adequate justification;

"serious harm" means—

            (a)         harm that endangers a person's life; or

            (b)         harm that consists of, or results in, serious and protracted impairment of a physical or mental function; or

            (c)         harm that consists of, or results in, serious disfigurement.



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