3 If a court makes a finding under section 10A of the Sentencing Act 1991 that a special reason exists, the requirements of section 10 or 10AA(1) of that Act do not apply and the court has full sentencing discretion. 15C Other offenders need not be prosecuted S. 15C inserted by No. 6/2013 A person may be found guilty of an offence s. 4. against section 15A or 15B whether or not any other person is prosecuted for or found guilty of the offence. 16 Causing serious injury intentionally S. 16 substituted by No. 10233 A person who, without lawful excuse, s. 8(2), intentionally causes serious injury to another amended by Nos 49/1991 person is guilty of an indictable offence. s. 119(1) (Sch. 2 Level 3 imprisonment (20 years item 8), maximum). 48/1997 s. 60(1)(Sch. 1 item 10). Notes to s. 16 Notes inserted by 1 Section 10AA(1) of the Sentencing Act 1991 requires that a No. 69/2014 s. 8(3). term of imprisonment be imposed for an offence against section 16 and that a non-parole period of not less than 3 years be fixed under section 11 of that Act if a victim is an emergency worker on duty unless the court finds under section 10A of that Act that a special reason exists. 2 However, section 10AA(2) of the Sentencing Act 1991 allows a youth justice centre order for a term of 3 years to be made in certain circumstances in respect of a young offender for an offence against section 16 if the victim is an emergency worker on duty. 3 If a court makes a finding under section 10A of the Sentencing Act 1991 that a special reason exists, the requirements of section 10AA(1) or (2) of that Act do not apply and the court has full sentencing discretion.
3 If a court makes a finding under section 10A of the Sentencing Act 1991 that a special reason exists, the requirements of section 10 or 10AA(1) of that Act do not apply and the court has full sentencing discretion. S. 15C inserted by No. 6/2013 s. 4. 15C Other offenders need not be prosecuted A person may be found guilty of an offence against section 15A or 15B whether or not any other person is prosecuted for or found guilty of the offence. S. 16 substituted by No. 10233 s. 8(2), amended by Nos 49/1991 s. 119(1) (Sch. 2 item 8), 48/1997 s. 60(1)(Sch. 1 item 10). 16 Causing serious injury intentionally A person who, without lawful excuse, intentionally causes serious injury to another person is guilty of an indictable offence. Level 3 imprisonment (20 years maximum). Notes to s. 16 inserted by No. 69/2014 s. 8(3). Notes 1 Section 10AA(1) of the Sentencing Act 1991 requires that a term of imprisonment be imposed for an offence against section 16 and that a non-parole period of not less than 3 years be fixed under section 11 of that Act if a victim is an emergency worker on duty unless the court finds under section 10A of that Act that a special reason exists. 2 However, section 10AA(2) of the Sentencing Act 1991 allows a youth justice centre order for a term of 3 years to be made in certain circumstances in respect of a young offender for an offence against section 16 if the victim is an emergency worker on duty. 3 If a court makes a finding under section 10A of the Sentencing Act 1991 that a special reason exists, the requirements of section 10AA(1) or (2) of that Act do not apply and the court has full sentencing discretion.
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