18Causing injury intentionally or recklessly

18 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.

1. If the injury was caused intentionally—level 5 imprisonment (10 years maximum);

If the injury was caused recklessly—level 6 imprisonment (5 years maximum).

Notes to s. 18 inserted by No. 69/2014 s. 8(5), amended by Nos 28/2016 s. 6(4), 48/2018 s. 87, substituted by No. 23/2020 s. 14.

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(4) of the Sentencing Act 1991 for the requirement that a term of imprisonment of not less than 6 months be imposed for an offence against section 18 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 6 months to be made in certain circumstances in respect of a young offender for an offence against section 18 if the victim was an emergency worker on duty, a custodial officer on duty or a youth justice custodial worker on duty.

S. 19 substituted by No. 10233 s. 8(2).