Western Australian Numbered Acts Western Australian Numbered Acts Sections 304 to 312
are repealed and the following sections are inserted instead —
“
304. Acts or omissions causing bodily harm
or danger
(1) If a person omits
to do any act that it is the person’s duty to do, or unlawfully does any
act, as a result of which —
(a)
bodily harm is caused to any person; or
(b) the
life, health or safety of any person is or is likely to be endangered,
the person is guilty
of a crime and is liable to imprisonment for 5 years.
Summary conviction penalty: imprisonment for 2
years or a fine of $8 000.
(2) If a person, with
an intent to harm, omits to do any act that it is the person’s duty to
do, or does any act, as a result of which —
(a)
bodily harm is caused to any person; or
(b) the
life, health or safety of any person is or is likely to be endangered,
the person is guilty
of a crime and is liable to imprisonment for 20 years.
(3) For the purposes
of subsection (2) an intent to harm is an intent to —
(a)
unlawfully cause bodily harm to any person;
(b)
unlawfully endanger the life, health or safety of, any person;
(c)
induce any person to deliver property to another person;
(d) gain
a benefit, pecuniary or otherwise, for any person;
(e)
cause a detriment, pecuniary or otherwise, to any person;
(f)
prevent or hinder the doing of an act by a person who is lawfully entitled to
do that act; or
(g)
compel the doing of an act by a person who is lawfully entitled to abstain
from doing that act.
305. Setting dangerous things for people
(1) In this
section —
"dangerous thing" means any article, device,
substance, or thing, that by reason of its nature (whether chemical,
electrical, electronic, mechanical, or otherwise), situation, operation or
condition, may endanger the life, health or safety of a person (whether a
particular person or not);
"set" includes construct and place.
(2) For the purposes
of subsections (3) and (4), a person wilfully sets a dangerous thing if
the person sets the thing —
(a)
intending that the thing will kill or cause grievous bodily harm to a person;
or
(b)
knowing or believing that the thing is likely to kill or cause grievous bodily
harm to a person.
(3) A person who
wilfully sets a dangerous thing is guilty of a crime and is liable to
imprisonment for 3 years.
Summary conviction penalty: imprisonment for one
year or a fine of $4 000.
(4) A person who,
knowing that a dangerous thing has been wilfully set by another person, does
not take reasonable measures to make the thing harmless is guilty of a crime
and is liable to imprisonment for 3 years.
Summary conviction penalty: imprisonment for one
year or a fine of $4 000.
(5) A person is not
criminally responsible under this section for an act or omission in respect of
a dangerous thing set at night in a dwelling for the protection of the
occupants of the dwelling.
”.