A person who, without lawful excuse, recklessly causes serious injury to another person is guilty of an indictable offence.
Penalty: Level 4 imprisonment (15 years maximum).
Notes to s. 17 inserted by No. 69/2014 s. 8(4), amended by No. 28/2016 s. 6(3).
to s. 17 inserted by No. 48/2018 s. 86(a).
1AA 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) of that Act for the requirement to impose a custodial order for this offence.
1 Section 10AA(1) of the Sentencing Act 1991 requires that a term of imprisonment be imposed for an offence against section 17 and that a non-parole period of not less than 2 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.
2 However, section 10AA(2) of the Sentencing Act 1991 allows a youth justice centre order for a term of not less than 2 years to be made in certain circumstances in respect of a young offender for an offence against section 17 if the victim is an emergency worker on duty or a custodial officer on duty.
Note 3 to s. 17 amended by No. 48/2018 s. 86(b).
3 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(2G) of that Act.
S. 18 substituted by No. 10233 s. 8(2), amended by Nos 49/1991
(Sch. 2 item 11),
s. 60(1)(Sch. 1 item 12).