Injury to Persons

Causing injury intentionally or recklessly

A person who, without lawful excuse, intentionally or recklessly causes injury to another person is guilty of an indictable offence.
Penalty:
If the injury was caused intentionally - level 5 imprisonment (10 years maximum);
If the injury was caused recklessly - level 6 imprisonment (5 years maximum).

Causing serious injury intentionally in circumstances of gross violence

A person must not, without lawful excuse, intentionally cause serious injury to another person in circumstances of gross violence.
Penalty: Level 3 imprisonment (20 years maximum).

Any one of the following constitutes circumstances of gross violence
- the offender planned in advance to engage in conduct and at the time of planning
- the offender intended that the conduct would cause a serious injury; or
- the offender was reckless as to whether the conduct would cause a serious injury; or
- a reasonable person would have foreseen that the conduct would be likely to result in a serious injury;
- the offender in company with 2 or more other persons caused the serious injury;
- the offender participated in a joint criminal enterprise with 2 or more other persons in causing the serious injury;
- 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;
- the offender continued to cause injury to the other person after the other person was incapacitated;
- the offender caused the serious injury to the other person while the other person was incapacitated.

Causing serious injury recklessly in circumstances of gross violence

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).

Any one of the following constitutes circumstances of gross violence
- the offender planned in advance to engage in conduct and at the time of planning
- the offender intended that the conduct would cause a serious injury; or
- the offender was reckless as to whether the conduct would cause a serious injury; or
- a reasonable person would have foreseen that the conduct would be likely to result in a serious injury;
- the offender in company with 2 or more other persons caused the serious injury;
- the offender participated in a joint criminal enterprise with 2 or more other persons in causing the serious injury;
- 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;
- the offender continued to cause injury to the other person after the other person was incapacitated;
- the offender caused the serious injury to the other person while the other person was incapacitated.

Causing serious injury intentionally

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).

Causing serious injury recklessly

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).

Negligently causing serious injury

A person who by negligently doing or omitting to do an act causes serious injury to another person is guilty of an indictable offence.
Penalty: Level 5 imprisonment (10 years maximum).

Injury means physical injury; or harm to mental health - whether temporary or permanent;

Serious injury means an injury (including the cumulative effect of more than one injury) thatendangers life; or is substantial and protracted; or the destruction, other than in the course of a medical procedure, of the foetus of a pregnant woman, whether or not the woman suffers any other harm;

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