5ADefinition of “serious violence offence”

#### 5A Definition of “serious violence offence” 5A Definition of “serious violence offence” > > (1) For the purposes of this Act, a serious violence offence is a serious indictable offence that is constituted by a person— > > > > > (a) engaging in conduct that causes the death of another person or grievous bodily harm to another person, with the intention of causing, or while being reckless as to causing, the death of another person or grievous or actual bodily harm to another person, or > > > > > (a1) an offence under the [Crimes Act 1900](/view/html/inforce/current/act-1900-040), section 37(1) or (2), or > > > > > (b) attempting to commit, or conspiring with or inciting another person to commit, an offence of a kind referred to in paragraph (a) or (a1). > > > (2) An offence that includes the elements referred to in subsection (1) (a) is a serious violence offence regardless of how those elements are expressed, and whether or not the offence includes other elements. > > > (2A) A reference in subsection (1) (a) to— > > > > > (a) conduct that causes the death of another person with the intention of causing the death of another person includes a reference to murder by an act done (by a person or an accomplice) in an attempt to commit, or during or immediately after the commission of, a serious crime, and > > > > > (b) conduct that causes the death of another person while being reckless as to causing the death of another person includes a reference to manslaughter caused by an unlawful and dangerous act, and > > > > > (c) conduct that causes grievous bodily harm to another person includes conduct that causes the wounding of another person, but only if the conduct was engaged in with the intention of causing the death of another person or grievous bodily harm to another person. > > > (3) A serious indictable offence is— > > > > > (a) an offence committed in New South Wales that was a serious indictable offence (within the meaning of the [Crimes Act 1900](/view/html/inforce/current/act-1900-040)) at the time that it was committed, or > > > > > (b) an offence committed elsewhere than in New South Wales that, if committed in New South Wales, would be a serious indictable offence within the meaning of the [Crimes Act 1900](/view/html/inforce/current/act-1900-040) at the time that it was committed, or > > > > > (c) an offence that, at the time that it was committed, was not a serious indictable offence but which was committed in circumstances that would make the offence a serious indictable offence if it were committed at the time an application for an order against the person is made under this Act. > > **s 5A:** Ins 2013 No 4, Sch 1 \[5\]. Am 2016 No 24, Sch 1 \[1\]; 2024 No 6, Sch 1\[4\] \[5\].