A person who, without lawful excuse, intentionally causes serious injury to another person is guilty of an indictable offence.
Penalty: Level 3 imprisonment (20 years maximum).
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).
1 An offence against this section is a category 2 offence under the Sentencing Act 1991 . See subsection (2H) of section 5 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.
2 Section 10AA(1) of the Sentencing Act 1991 requires 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 a victim is an emergency worker on duty or a custodial officer on duty unless the court finds under section 10A of that Act that a special reason exists.
3 However, section 10AA(2) of the Sentencing Act 1991 allows a youth justice centre order for a term of 3 years to be made in certain circumstances in respect of a young offender for an offence against section 16 if the victim is an emergency worker on duty or a custodial officer on duty.
4 If a court makes a finding under section 10A of the Sentencing Act 1991 that a special reason exists, the requirements of section 10AA(1) or (2) of that Act do not apply and the court has full sentencing discretion. See also section 5(2H) of that Act.
S. 17 substituted by No. 10233 s. 8(2), amended by Nos 49/1991
(Sch. 2 item 9),
s. 60(1)(Sch. 1 item 11).