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This is a Bill, not an Act. For current law, see the Acts databases.
Crimes Amendment (Reckless
Infliction of Harm) Bill 2012
No , 2012
A Bill for
An Act to amend the Crimes Act 1900 with respect to offences involving the reckless
infliction of harm.
Clause 1 Crimes Amendment (Reckless Infliction of Harm) Bill 2012
The Legislature of New South Wales enacts: 1
1 Name of Act 2
This Act is the Crimes Amendment (Reckless Infliction of Harm) 3
Act 2012. 4
2 Commencement 5
This Act commences on the date of assent to this Act. 6
Page 2
Crimes Amendment (Reckless Infliction of Harm) Bill 2012
Amendment of Crimes Act 1900 No 40 Schedule 1
Schedule 1 Amendment of Crimes Act 1900 No 40 1
[1] Section 35 Reckless grievous bodily harm or wounding 2
Omit section 35 (1)-(4). Insert instead: 3
(1) Reckless grievous bodily harm--in company 4
A person who, in the company of another person or persons: 5
(a) causes grievous bodily harm to any person, and 6
(b) is reckless as to causing actual bodily harm to that or any 7
other person, 8
is guilty of an offence. 9
Maximum penalty: Imprisonment for 14 years. 10
(2) Reckless grievous bodily harm 11
A person who: 12
(a) causes grievous bodily harm to any person, and 13
(b) is reckless as to causing actual bodily harm to that or any 14
other person, 15
is guilty of an offence. 16
Maximum penalty: Imprisonment for 10 years. 17
(3) Reckless wounding--in company 18
A person who, in the company of another person or persons: 19
(a) wounds any person, and 20
(b) is reckless as to causing actual bodily harm to that or any 21
other person, 22
is guilty of an offence. 23
Maximum penalty: Imprisonment for 10 years. 24
(4) Reckless wounding 25
A person who: 26
(a) wounds any person, and 27
(b) is reckless as to causing actual bodily harm to that or any 28
other person, 29
is guilty of an offence. 30
Maximum penalty: Imprisonment for 7 years. 31
Page 3
Crimes Amendment (Reckless Infliction of Harm) Bill 2012
Schedule 1 Amendment of Crimes Act 1900 No 40
[2] Section 60 Assault and other actions against police officers 1
Omit section 60 (3) and (3A). Insert instead: 2
(3) A person who by any means: 3
(a) wounds or causes grievous bodily harm to a police officer 4
while in the execution of the officer's duty, and 5
(b) is reckless as to causing actual bodily harm to that officer 6
or any other person, 7
is liable to imprisonment for 12 years. 8
(3A) A person who by any means during a public disorder: 9
(a) wounds or causes grievous bodily harm to a police officer 10
while in the execution of the officer's duty, and 11
(b) is reckless as to causing actual bodily harm to that officer 12
or any other person, 13
is liable to imprisonment for 14 years. 14
[3] Section 60A Assault and other actions against law enforcement officers 15
(other than police officers) 16
Omit section 60A (3). Insert instead: 17
(3) A person who by any means: 18
(a) wounds or causes grievous bodily harm to a law 19
enforcement officer (other than a police officer) while in 20
the execution of the officer's duty, and 21
(b) is reckless as to causing actual bodily harm to that officer 22
or any other person, 23
is liable to imprisonment for 12 years. 24
[4] Section 60E Assaults etc at schools 25
Omit section 60E (3). Insert instead: 26
(3) A person who by any means: 27
(a) wounds or causes grievous bodily harm to a school student 28
or member of staff of a school while the student or member 29
of staff is attending a school, and 30
(b) is reckless as to causing actual bodily harm to that student 31
or member of staff or any other person, 32
is liable to imprisonment for 12 years. 33
Page 4
Crimes Amendment (Reckless Infliction of Harm) Bill 2012
Amendment of Crimes Act 1900 No 40 Schedule 1
[5] Section 105A Definitions 1
Omit the definition of circumstances of special aggravation from section 2
105A (1). 3
Insert instead: 4
circumstances of special aggravation means circumstances 5
involving any or all of the following: 6
(a) the alleged offender intentionally wounds or intentionally 7
inflicts grievous bodily harm on any person, 8
(b) the alleged offender inflicts grievous bodily harm on any 9
person and is reckless as to causing actual bodily harm to 10
that or any other person, 11
(c) the alleged offender is armed with a dangerous weapon. 12
[6] Section 105A (2) (b) 13
Insert "or (b)" after "paragraph (a)". 14
[7] Schedule 11 Savings and transitional provisions 15
Insert after Part 29: 16
Part 30 Crimes Amendment (Reckless Infliction of 17
Harm) Act 2012 18
72 Application of amendments 19
An amendment made by the Crimes Amendment (Reckless 20
Infliction of Harm) Act 2012 applies only in respect of an offence 21
committed, or alleged to have been committed, on or after the 22
commencement of the amendment. 23
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