(1) A person must not, without lawful excuse, recklessly cause serious injury to another person in circumstances of gross violence.
Penalty: Level 4 imprisonment (15 years maximum).
Note to s. 15B(1) inserted by No. 65/2016 s. 20(8).
An offence against subsection (1) is a category 1 offence under the Sentencing Act 1991 . See section 5(2G) of that Act for the requirement to impose a custodial order for this offence.
(2) For the purposes of subsection (1), any one of the following constitutes circumstances of gross violence—
(a) the offender planned in advance to engage in conduct and at the time of planning—
(i) the offender intended that the conduct would cause a serious injury; or
(ii) the offender was reckless as to whether the conduct would cause a serious injury; or
(iii) a reasonable person would have foreseen that the conduct would be likely to result in a serious injury;
(b) the offender in company with 2 or more other persons caused the serious injury;
S. 15B(2)(c) substituted by No. 63/2014 s. 7(4).
(c) the offender entered into an agreement, arrangement or understanding with 2 or more other persons to cause a serious injury;
See Subdivision (1) (Complicity in commission of offences) of Division 1 of Part II.
(d) the offender planned in advance to have with him or her and to use an offensive weapon, firearm or imitation firearm and in fact used the offensive weapon, firearm or imitation firearm to cause the serious injury;
(e) the offender continued to cause injury to the other person after the other person was incapacitated;
(f) the offender caused the serious injury to the other person while the other person was incapacitated.
Notes to s. 15B amended by Nos 69/2014 s. 8(1)(2), 28/2016 s. 6(1), 65/2016 ss 20(9), 25.
1 See section 422(2) for an alternative verdict.
2 Section 10 of the Sentencing Act 1991 requires that a term of imprisonment be imposed for an offence against section 15B and that a non-parole period of not less than 4 years be fixed under section 11 of that Act unless the court finds under section 10A of that Act that a special reason exists. If, however, a victim is an emergency worker on duty or a custodial officer on duty, section 10AA(1) of the Sentencing Act 1991 requires that a non-parole period of not less than 5 years be fixed unless the court finds under section 10A of that Act that a special reason exists.
3 If a court makes a finding under section 10A of the Sentencing Act 1991 that a special reason exists, the requirements of section 10 or 10AA(1) of that Act do not apply and the court has full sentencing discretion. See also section 5(2G) of that Act.
S. 15C inserted by No. 6/2013 s. 4.