17Causing serious injury recklessly

17 Causing serious injury recklessly

A person who, without lawful excuse, recklessly causes serious injury to another person is guilty of an indictable offence.

Notes to s. 17 inserted by No. 69/2014 s. 8(4), amended by Nos 28/2016 s. 6(3), 48/2018 s. 86, substituted by No. 23/2020 s. 13.

1 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) and (2GA) of that Act for the requirement to impose a custodial order or other specified order for this offence if committed in those circumstances.

2 See section 10AA(1) of the Sentencing Act 1991 for the requirement 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 the victim was an emergency worker on duty, a custodial officer on duty or a youth justice custodial worker on duty unless the court finds under section 10A of that Act that a special reason exists.

3 See section 10AA(2) and (3) of the Sentencing Act 1991 that allow 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 was an emergency worker on duty, a custodial officer on duty or a youth justice custodial worker on duty.

S. 18 substituted by No. 10233 s. 8(2), amended by Nos 49/1991 s. 119(1)
(Sch. 2 item 11),
s. 60(1)(Sch. 1 item 12).