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Contents (1900 - 40)
Crimes Act 1900 No 40
Current version for 25 September 2017 to date (accessed 22 October 2017 at 21:09)
Part 3 Division 6
Division 6 Acts causing danger to life or bodily harm
32   Impeding endeavours to escape shipwreck
Whosoever:
intentionally or recklessly prevents or impedes any person on board of, or having quitted, any ship or vessel in distress, or wrecked, stranded, or cast on shore, in his or her endeavour to save his or her life, or
intentionally or recklessly prevents or impedes any person in his or her endeavour to save the life of such first-mentioned person,
shall be liable to imprisonment for 25 years.
32A–32C   (Repealed)
33   Wounding or grievous bodily harm with intent
(1) Intent to cause grievous bodily harm A person who:
(a)  wounds any person, or
(b)  causes grievous bodily harm to any person,
with intent to cause grievous bodily harm to that or any other person is guilty of an offence.
Maximum penalty: Imprisonment for 25 years.
(2) Intent to resist arrest A person who:
(a)  wounds any person, or
(b)  causes grievous bodily harm to any person,
with intent to resist or prevent his or her (or another person’s) lawful arrest or detention is guilty of an offence.
Maximum penalty: Imprisonment for 25 years.
(3) Alternative verdict If on the trial of a person charged with an offence against this section the jury is not satisfied that the offence is proven but is satisfied that the person has committed an offence against section 35, the jury may acquit the person of the offence charged and find the person guilty of an offence against section 35. The person is liable to punishment accordingly.
33A   Discharging firearm etc with intent
(1) Intent to cause grievous bodily harm A person who:
(a)  discharges any firearm or other loaded arms, or
(b)  attempts to discharge any firearm or other loaded arms,
with intent to cause grievous bodily harm to any person is guilty of an offence.
Maximum penalty: Imprisonment for 25 years.
(2) Intent to resist arrest etc A person who:
(a)  discharges any firearm or other loaded arms, or
(b)  attempts to discharge any firearm or other loaded arms,
with intent to resist or prevent his or her (or another person’s) lawful arrest or detention is guilty of an offence.
Maximum penalty: Imprisonment for 25 years.
33B   Use or possession of weapon to resist arrest etc
(1)  Any person who:
(a)  uses, attempts to use, threatens to use or possesses an offensive weapon or instrument, or
(b)  threatens injury to any person or property,
with intent to commit an indictable offence or with intent to prevent or hinder the lawful apprehension or detention either of himself or herself or any other person or to prevent or hinder a police officer from investigating any act or circumstance which reasonably calls for investigation by the officer is liable to imprisonment for 12 years.
(2)  A person is guilty of an offence under this subsection if the person commits an offence under subsection (1) in the company of another person or persons. A person convicted of an offence under this subsection is liable to imprisonment for 15 years.
34   (Repealed)
35   Reckless grievous bodily harm or wounding
(1) Reckless grievous bodily harm—in company A person who, in the company of another person or persons:
(a)  causes grievous bodily harm to any person, and
(b)  is reckless as to causing actual bodily harm to that or any other person,
is guilty of an offence.
Maximum penalty: Imprisonment for 14 years.
(2) Reckless grievous bodily harm A person who:
(a)  causes grievous bodily harm to any person, and
(b)  is reckless as to causing actual bodily harm to that or any other person,
is guilty of an offence.
Maximum penalty: Imprisonment for 10 years.
(3) Reckless wounding—in company A person who, in the company of another person or persons:
(a)  wounds any person, and
(b)  is reckless as to causing actual bodily harm to that or any other person,
is guilty of an offence.
Maximum penalty: Imprisonment for 10 years.
(4) Reckless wounding A person who:
(a)  wounds any person, and
(b)  is reckless as to causing actual bodily harm to that or any other person,
is guilty of an offence.
Maximum penalty: Imprisonment for 7 years.
(5) Alternative verdict If on the trial of a person charged with an offence against any subsection of this section the jury is not satisfied that the offence is proven but is satisfied that the person has committed an offence against any other subsection of this section (that carries a lesser maximum penalty), the jury may acquit the person of the offence charged and find the person guilty of an offence against that other subsection. The person is liable to punishment accordingly.
35A   Causing dog to inflict grievous bodily harm or actual bodily harm
(1) Cause dog to inflict grievous bodily harm A person who:
(a)  has control of a dog, and
(b)  does any act that causes the dog to inflict grievous bodily harm on another person, and
(c)  is reckless as to the injury that may be caused to a person by the act,
is guilty of an offence.
Maximum penalty: Imprisonment for 10 years.
(2) Cause dog to inflict actual bodily harm A person who:
(a)  has control of a dog, and
(b)  does any act that causes the dog to inflict actual bodily harm on another person, and
(c)  is reckless as to the injury that may be caused to a person by the act,
is guilty of an offence.
Maximum penalty: Imprisonment for 5 years.
(3) Alternative finding If, on the trial of a person for an offence under subsection (1), it appears that grievous bodily harm was not inflicted on the other person but that actual bodily harm was inflicted, the person may be found not guilty of the offence charged but guilty of an offence under subsection (2) and be liable to punishment accordingly.
(4) Doing an act includes omitting to do the act In this section, a reference to the doing of an act includes a reference to omitting to do the act.
36   (Repealed)
37   Choking, suffocation and strangulation
(1)  A person is guilty of an offence if the person:
(a)  intentionally chokes, suffocates or strangles another person so as to render the other person unconscious, insensible or incapable of resistance, and
(b)  is reckless as to rendering the other person unconscious, insensible or incapable of resistance.
Maximum penalty: imprisonment for 10 years.
(2)  A person is guilty of an offence if the person:
(a)  chokes, suffocates or strangles another person so as to render the other person unconscious, insensible or incapable of resistance, and
(b)  does so with the intention of enabling himself or herself to commit, or assisting any other person to commit, another indictable offence.
Maximum penalty: imprisonment for 25 years.
(3)  In this section:
another indictable offence means an indictable offence other than an offence against this section.
38   Using intoxicating substance to commit an indictable offence
A person who:
(a)  administers an intoxicating substance to another person, or
(b)  causes another person to take an intoxicating substance,
with intent to enable himself or herself, or to assist a third person, to commit an indictable offence is guilty of an offence.
Maximum penalty: Imprisonment for 25 years.
38A   Spiking drink or food
(1)  In this section:
harm includes an impairment of the senses or understanding of a person that the person might reasonably be expected to object to in the circumstances.
impair includes further impair.
(2)  A person:
(a)  who causes another person to be given or to consume drink or food:
(i)  containing an intoxicating substance that the other person is not aware it contains, or
(ii)  containing more of an intoxicating substance than the other person would reasonably expect it to contain, and
(b)  who intends a person to be harmed by the consumption of the drink or food,
is guilty of an offence.
Maximum penalty: Imprisonment for 2 years or 100 penalty units, or both.
(3)  For the purposes of this section, giving a person drink or food includes preparing the drink or food for the person or making it available for consumption by the person.
(4)  A person does not commit an offence against this section if the person has reasonable cause to believe that each person who was likely to consume the drink or food would not have objected to consuming the drink or food if the person had been aware of the presence and quantity of the intoxicating substance in the drink or food.
(5)  A person who uses an intoxicating substance in the course of any medical, dental or other health professional practice does not commit an offence against this section.
(6)  An offence against this section is a summary offence.
39   Using poison etc to endanger life or inflict grievous bodily harm
(1)  A person is guilty of an offence if:
(a)  the person administers to another person, or causes another person to take, any poison, intoxicating substance or other destructive or noxious thing, and
(b)  the poison, intoxicating substance or other thing endangers the life of, or inflicts grievous bodily harm on, the other person, and
(c)  the person intends to injure, or is reckless about injuring, the other person.
Maximum penalty: Imprisonment for 10 years.
(2)  If on the trial of a person charged with an offence against this section the jury is not satisfied that the offence is proven but is satisfied that the person has committed an offence against section 41 or 41A, the jury may acquit the person of the offence charged and find the person guilty of an offence against section 41 or 41A. The person is liable to punishment accordingly.
40   (Repealed)
41   Using poison etc to injure or to cause distress or pain
A person is guilty of an offence if:
(a)  the person administers to another person, or causes another person to take, any poison, intoxicating substance or other destructive or noxious thing, and
(b)  the person intends to injure, or to cause distress or pain to, the other person.
Maximum penalty: Imprisonment for 5 years.
41A   Poisoning etc of water supply
A person is guilty of an offence if:
(a)  the person introduces any poison or other destructive or noxious thing into a supply of water, and
(b)  the person intends to injure any person or persons.
Maximum penalty: Imprisonment for 5 years.
42   Injuries to child at time of birth
Whosoever, during or after the delivery of a child, intentionally or recklessly inflicts on such child, whether then wholly born or not, any grievous bodily harm, shall be liable to imprisonment for fourteen years.
43   Abandoning or exposing a child under 7 years
A person who, without reasonable excuse, intentionally abandons or exposes a child under 7 years of age is guilty of an offence if it causes a danger of death or of serious injury to the child.
Maximum penalty: Imprisonment for 5 years.
43A   Failure of persons with parental responsibility to care for child
(1)  In this section:
child means a child under 16 years of age.
parental responsibility means the duties, powers, responsibilities and authority in respect of a child that, by law, parents have in relation to their children.
(2)  A person:
(a)  who has parental responsibility for a child, and
(b)  who, without reasonable excuse, intentionally or recklessly fails to provide the child with the necessities of life,
is guilty of an offence if the failure causes a danger of death or of serious injury to the child.
Maximum penalty: Imprisonment for 5 years.
44   Failure of persons to provide necessities of life
(1)  A person:
(a)  who is under a legal duty to provide another person with the necessities of life, and
(b)  who, without reasonable excuse, intentionally or recklessly fails to provide that person with the necessities of life,
is guilty of an offence if the failure causes a danger of death or causes serious injury, or the likelihood of serious injury, to that person.
Maximum penalty: Imprisonment for 5 years.
(2)  A person cannot be found guilty of both an offence against section 43A and an offence against this section in respect of the same act or omission.
45   Prohibition of female genital mutilation
(1)  A person who:
(a)  excises, infibulates or otherwise mutilates the whole or any part of the labia majora or labia minora or clitoris of another person, or
(b)  aids, abets, counsels or procures a person to perform any of those acts on another person,
is liable to imprisonment for 21 years.
(2)    (Repealed)
(3)  It is not an offence against this section to perform a surgical operation if that operation:
(a)  is necessary for the health of the person on whom it is performed and is performed by a medical practitioner, or
(b)  is performed on a person in labour or who has just given birth, and for medical purposes connected with that labour or birth, by a medical practitioner or authorised professional, or
(c)  is a sexual reassignment procedure and is performed by a medical practitioner.
(4)  In determining whether an operation is necessary for the health of a person only matters relevant to the medical welfare of the person are to be taken into account.
(5)  It is not a defence to a charge under this section that the person mutilated by or because of the acts alleged to have been committed consented to the acts.
(6)  This section applies only to acts occurring after the commencement of the section.
(7)  In this section:
authorised professional means:
(a)  a registered midwife, or
(b)  a midwifery student, or
(c)  in relation to an operation performed in a place outside Australia—a person authorised to practise midwifery by a body established under the law of that place having functions similar to the functions of the Nursing and Midwifery Board of Australia, or
(d)  a medical student.
medical practitioner, in relation to an operation performed in a place outside Australia, includes a person authorised to practise medicine by a body established under the law of that place having functions similar to the Medical Board of Australia.
medical student means:
(a)  a person registered as a student in the medical profession under the Health Practitioner Regulation National Law, or
(b)  in relation to an operation performed in a place outside Australia—a person undergoing a course of training with a view to being authorised to be a medical practitioner in that place.
midwifery student means:
(a)  a person registered as a student in the nursing and midwifery profession under the Health Practitioner Regulation National Law, or
(b)  in relation to an operation performed in a place outside Australia—a person undergoing a course of training with a view to being authorised to be a midwife practitioner in that place.
sexual reassignment procedure means a surgical procedure to alter the genital appearance of a person to the appearance (as nearly as practicable) of the opposite sex to the sex of the person.
45A   Removing person from State for female genital mutilation
(1)  A person is guilty of an offence if the person takes another person from the State, or arranges for another person to be taken from the State, with the intention of having female genital mutilation performed on the other person.
Maximum penalty: imprisonment for 21 years.
(2)  In proceedings for an offence under subsection (1) and in the absence of proof to the contrary, it is to be presumed that the accused took another person, or arranged for another person to be taken, from the State with the intention of female genital mutilation being performed on the other person if it is proved that:
(a)  the accused took the person, or arranged for the person to be taken, from the State, and
(b)  female genital mutilation was performed on the person while outside the State.
(3)  It is not a defence to a charge under this section that the person taken from the State consented to being so taken.
(4)  In this section:
female genital mutilation means an act referred to in section 45 (1) (a), the performance of which would be an offence against that section if performed in the State.
46   Causing bodily injury by gunpowder etc
Whosoever intentionally or recklessly by the explosion of gunpowder or other substance, or the use of any corrosive fluid, or destructive matter, burns maims disfigures disables, or does grievous bodily harm to, any person, shall be liable to imprisonment for 25 years.
47   Using etc explosive substance or corrosive fluid etc
Whosoever:
causes any gunpowder or other explosive substance to explode, or
sends, or delivers to, or causes to be taken, or received by, any person, any explosive substance, or other dangerous or noxious thing, or
puts or lays at any place, or casts or throws at, or upon, or otherwise applies to, any person, any corrosive fluid or any destructive or explosive substance (including petrol),
with intent in any such case to burn maim disfigure disable, or do grievous bodily harm to, any person,
shall, whether bodily injury is effected or not, be liable to imprisonment for 25 years.
48   Causing explosives to be placed in or near building, conveyance or public place
(1)  A person who causes an explosive to be placed in or near:
(a)  a building, or
(b)  a vehicle, vessel, train or other conveyance, or
(c)  a public place,
with the intention of causing bodily harm to any person, is guilty of an offence.
Maximum penalty: Imprisonment for 14 years.
(2)  A person commits an offence under this section whether or not:
(a)  any explosion occurs, or
(b)  any bodily harm is caused.
49   Setting trap etc
(1)  Any person who:
(a)  places or sets, or causes to be placed or set, any trap, device or thing (whether its nature be electronic, electric, mechanical, chemical or otherwise) capable of destroying human life or inflicting grievous bodily harm on any person, or
(b)  knowingly permits any such trap, device or thing to continue to be placed or set,
with intent to inflict grievous bodily harm shall be liable to imprisonment for five years.
(2)  Nothing in subsection (1) shall extend to any gin or trap, placed with the intention of destroying vermin, or to any trap, device or thing placed in a dwelling-house for the protection thereof.
49A   Throwing rocks and other objects at vehicles and vessels
(1)  A person is guilty of an offence if:
(a)  the person intentionally throws an object at, or drops an object on or towards, a vehicle or vessel that is on any road, railway or navigable waters, and
(b)  there is a person in the vehicle or vessel, and
(c)  the conduct risks the safety of any person.
Maximum penalty: Imprisonment for 5 years.
(2)  This section extends to a vehicle or vessel that is stationary at the time that the object is thrown or dropped.
(3)  In the prosecution of an offence under this section, it is not necessary to prove:
(a)  that the accused was aware that his or her conduct risked the safety of any person, or
(b)  that the object made contact with the vehicle or vessel.
(4)  In this section:
road means a road or road related area within the meaning of section 4 (1) of the Road Transport Act 2013.
throw includes propel.
vehicle includes:
(a)  a motor vehicle, and
(b)  a train or tram, and
(c)  a bicycle, and
(d)  a vehicle drawn by an animal or an animal ridden by a person.
50, 51   (Repealed)
51A   Predatory driving
(1)  The driver of a vehicle who, while in pursuit of or travelling near another vehicle:
(a)  engages in a course of conduct that causes or threatens an impact involving the other vehicle, and
(b)  intends by that course of conduct to cause a person in the other vehicle actual bodily harm,
is guilty of an offence and liable to imprisonment for 5 years.
(2)  This section does not take away the liability of any person to be prosecuted for or found guilty of an offence under this Act or of any other offence, or affect the punishment that may be imposed for any such offence. However, a person who:
(a)  has been convicted or acquitted of an offence under this section cannot be prosecuted for any other offence under this Act on the same, or substantially the same, facts, or
(b)  has been convicted or acquitted of any other offence under this Act cannot be prosecuted for an offence under this section on the same, or substantially the same, facts.
(3)  In this section:
impact involving a vehicle includes:
(a)  an impact with any other vehicle or with a person or object, or
(b)  the vehicle overturning or leaving a road.
vehicle has the same meaning it has in section 52A.
51B   Police pursuits
(1)  The driver of a vehicle:
(a)  who knows, ought reasonably to know or has reasonable grounds to suspect that police officers are in pursuit of the vehicle and that the driver is required to stop the vehicle, and
(b)  who does not stop the vehicle, and
(c)  who then drives the vehicle recklessly or at a speed or in a manner dangerous to others,
is guilty of an offence.
Maximum penalty:
(a)  in the case of a first offence—imprisonment for 3 years, or
(b)  in the case of an offence on a second or subsequent occasion—imprisonment for 5 years.
(2)  In this section, vehicle has the same meaning as it has in section 52A.
52   (Repealed)
52A   Dangerous driving: substantive matters
(1) Dangerous driving occasioning death A person is guilty of the offence of dangerous driving occasioning death if the vehicle driven by the person is involved in an impact occasioning the death of another person and the driver was, at the time of the impact, driving the vehicle:
(a)  under the influence of intoxicating liquor or of a drug, or
(b)  at a speed dangerous to another person or persons, or
(c)  in a manner dangerous to another person or persons.
A person convicted of an offence under this subsection is liable to imprisonment for 10 years.
(2) Aggravated dangerous driving occasioning death A person is guilty of the offence of aggravated dangerous driving occasioning death if the person commits the offence of dangerous driving occasioning death in circumstances of aggravation. A person convicted of an offence under this subsection is liable to imprisonment for 14 years.
(3) Dangerous driving occasioning grievous bodily harm A person is guilty of the offence of dangerous driving occasioning grievous bodily harm if the vehicle driven by the person is involved in an impact occasioning grievous bodily harm to another person and the driver was, at the time of the impact, driving the vehicle:
(a)  under the influence of intoxicating liquor or of a drug, or
(b)  at a speed dangerous to another person or persons, or
(c)  in a manner dangerous to another person or persons.
A person convicted of an offence under this subsection is liable to imprisonment for 7 years.
(4) Aggravated dangerous driving occasioning grievous bodily harm A person is guilty of the offence of aggravated dangerous driving occasioning grievous bodily harm if the person commits the offence of dangerous driving occasioning grievous bodily harm in circumstances of aggravation. A person convicted of an offence under this subsection is liable to imprisonment for 11 years.
(5) When vehicle is involved in impact—generally For the purposes of this section, the circumstances in which a vehicle is involved in an impact occasioning the death of, or grievous bodily harm to, a person include if the death or harm is occasioned through any of the following:
(a)  the vehicle overturning or leaving a road while the person is being conveyed in or on that vehicle (whether as a passenger or otherwise),
(b)  an impact between any object and the vehicle while the person is being conveyed in or on that vehicle (whether as a passenger or otherwise),
(c)  an impact between the person and the vehicle,
(d)  the impact of the vehicle with another vehicle or an object in, on or near which the person is at the time of the impact,
(e)  an impact with anything on, or attached to, the vehicle,
(f)  an impact with anything that is in motion through falling from the vehicle,
(g)  the person falling from the vehicle, or being thrown or ejected from the vehicle, while being conveyed in or on the vehicle (whether as a passenger or otherwise),
(h)  an impact between any object (including the ground) and the person, as a consequence of the person (or any part of the person) being or protruding outside the vehicle, while the person is being conveyed in or on the vehicle (whether as a passenger or otherwise).
(6) When vehicle is involved in causing other impacts For the purposes of this section, a vehicle is also involved in an impact occasioning the death of, or grievous bodily harm to, a person if:
(a)  the death or harm is occasioned through the vehicle causing an impact between other vehicles or between another vehicle and any object or person or causing another vehicle to overturn or leave a road, and
(b)  the prosecution proves that the vehicle caused the impact.
(7) Circumstances of aggravation In this section, circumstances of aggravation means any circumstances at the time of the impact occasioning death or grievous bodily harm in which:
(a)  the prescribed concentration of alcohol was present in the accused’s breath or blood, or
(b)  the accused was driving the vehicle concerned on a road at a speed that exceeded, by more than 45 kilometres per hour, the speed limit (if any) applicable to that length of road, or
(c)  the accused was driving the vehicle to escape pursuit by a police officer, or
(d)  the accused’s ability to drive was very substantially impaired by the fact that the accused was under the influence of a drug (other than intoxicating liquor) or a combination of drugs (whether or not intoxicating liquor was part of that combination).
(8) Defences It is a defence to any charge under this section if the death or grievous bodily harm occasioned by the impact was not in any way attributable (as relevant):
(a)  to the fact that the person charged was under the influence of intoxicating liquor or of a drug or a combination of drugs, or
(b)  to the speed at which the vehicle was driven, or
(c)  to the manner in which the vehicle was driven.
(9) Definitions In this section:
drug has the same meaning as it has in the Road Transport Act 2013.
object includes an animal, building, structure, earthwork, embankment, gutter, stormwater channel, drain, bridge, culvert, median strip, post or tree.
prescribed concentration of alcohol means a concentration of 0.15 grammes or more of alcohol in 210 litres of breath or 100 millilitres of blood.
road means:
(a)  a road or road related area within the meaning of section 4 (1) of the Road Transport Act 2013 (other than a road or road related area that is the subject of a declaration made under section 18 (1) (b) of that Act relating to all of the provisions of that Act), or
(b)  any other place.
vehicle means:
(a)  any motor car, motor carriage, motor cycle or other vehicle propelled wholly or partly by volatile spirit, steam, gas, oil, electricity, or by any other means other than human or animal power, or
(b)  a horse-drawn vehicle,
whether or not it is adapted for road use, but does not mean a vehicle used on a railway or tramway.
52AA   Dangerous driving: procedural matters
(1) Presumption as to intoxication For the purposes of section 52A, the accused is conclusively presumed to be under the influence of liquor if the prosecution proves that the prescribed concentration of alcohol was present in the accused’s breath or blood at the time of the impact occasioning death or grievous bodily harm.
(2) Evidence of intoxication—alcohol For the purposes of section 52A, evidence may be given of the concentration of alcohol present in the accused’s blood at the time of the impact occasioning death or grievous bodily harm as determined by a blood analysis carried out in accordance with Part 4 of Schedule 3 to the Road Transport Act 2013.
(3) Time of intoxication A concentration of alcohol determined by the means referred to in subsection (2) is taken to be the concentration of alcohol in the accused’s blood at the time of the impact occasioning death or grievous bodily harm:
(a)  if the blood sample that was analysed was taken within 2 hours after the impact, and
(b)  unless the accused proves that the concentration of alcohol in the accused’s blood at the time of the impact was less than the prescribed concentration of alcohol.
(3A) Evidence of intoxication—drugs For the purposes of section 52A, evidence may be given of the concentration of a drug (other than alcohol) present in the accused’s blood or urine at the time of the impact occasioning death or grievous bodily harm as determined by a blood or urine analysis carried out in accordance with Part 4 of Schedule 3 to the Road Transport Act 2013.
(3B) Time of intoxication A concentration of a drug (other than alcohol) determined by the means referred to in subsection (3A) is taken to be the concentration of the drug in the accused’s blood or urine at the time of the impact occasioning death or grievous bodily harm:
(a)  if the blood or urine sample that was analysed was taken within 4 hours after the impact, and
(b)  unless the accused proves that there was no such drug in the accused’s blood or urine at the time of the impact.
(4) Alternative verdicts If on the trial of a person who is indicted for murder or manslaughter or for an offence under section 53 or 54 the jury is satisfied that the person is guilty of an offence under section 52A, it may find the accused guilty of the offence under section 52A, and the accused is liable to punishment accordingly.
(5) Question of aggravation If on the trial of a person for an offence under section 52A (2) or (4) the jury is not satisfied that the accused is guilty of the offence charged, but is satisfied on the evidence that the accused is guilty of an offence under section 52A (1) or (3), it may find that the accused is guilty of the offence under section 52A (1) or (3), and the accused is liable to punishment accordingly.
(6) Double jeopardy This section does not take away the liability of any person to be prosecuted for or found guilty of murder, manslaughter or any other offence or affect the punishment that may be imposed for any such offence. However, a person who:
(a)  has been convicted or acquitted of an offence under section 52A cannot be prosecuted for murder or manslaughter or for any other offence under this Act on the same, or substantially the same, facts, or
(b)  has been convicted or acquitted of murder or manslaughter or of any other offence under this Act cannot be prosecuted for an offence under section 52A on the same, or substantially the same, facts.
(7) Definitions In this section:
prescribed concentration of alcohol means a concentration of 0.15 grammes or more of alcohol in 210 litres of breath or 100 millilitres of blood.
52AB   Offence of failing to stop and assist after vehicle impact causing death or grievous bodily harm
(1)  A person is guilty of an offence if:
(a)  a vehicle being driven by the person is involved in an impact occasioning the death of another person, and
(b)  the person knows, or ought reasonably to know, that the vehicle has been involved in an impact occasioning the death of, or grievous bodily harm to, another person, and
(c)  the person fails to stop and give any assistance that may be necessary and that it is in his or her power to give.
Maximum penalty: imprisonment for 10 years.
(2)  A person is guilty of an offence if:
(a)  a vehicle being driven by the person is involved in an impact occasioning grievous bodily harm to another person, and
(b)  the person knows, or ought reasonably to know, that the vehicle has been involved in an impact occasioning the death of, or grievous bodily harm to, another person, and
(c)  the person fails to stop and give any assistance that may be necessary and that it is in his or her power to give.
Maximum penalty: imprisonment for 7 years.
(3)  The provisions of section 52A (5) and (6) (which prescribe circumstances in which a vehicle is taken to be involved in an impact) apply for the purposes of this section in the same way as they apply for the purposes of section 52A.
(4)  In this section, vehicle has the same meaning as it has in section 52A.
52B   Dangerous navigation: substantive matters
(1) Dangerous navigation occasioning death A person is guilty of the offence of dangerous navigation occasioning death if the vessel navigated by the person is involved in an impact occasioning the death of another person and the person navigating the vessel was, at the time of the impact, navigating the vessel:
(a)  under the influence of intoxicating liquor or of a drug, or
(b)  at a speed dangerous to another person or persons, or
(c)  in a manner dangerous to another person or persons.
A person convicted of an offence under this subsection is liable to imprisonment for 10 years.
(2) Aggravated dangerous navigation occasioning death A person is guilty of the offence of aggravated dangerous navigation occasioning death if the person commits the offence of dangerous navigation occasioning death in circumstances of aggravation. A person convicted of an offence under this subsection is liable to imprisonment for 14 years.
(3) Dangerous navigation causing grievous bodily harm A person is guilty of the offence of dangerous navigation causing grievous bodily harm if the vessel navigated by the person is involved in an impact occasioning grievous bodily harm to another person and the person navigating the vessel was, at the time of the impact, navigating the vessel:
(a)  under the influence of intoxicating liquor or of a drug, or
(b)  at a speed dangerous to another person or persons, or
(c)  in a manner dangerous to another person or persons.
A person convicted of an offence under this subsection is liable to imprisonment for 7 years.
(4) Aggravated dangerous navigation occasioning grievous bodily harm A person is guilty of the offence of aggravated dangerous navigation occasioning grievous bodily harm if the person commits the offence of dangerous navigation occasioning grievous bodily harm in circumstances of aggravation. A person convicted of an offence under this subsection is liable to imprisonment for 11 years.
(5) When vessel is involved in impact—generally For the purposes of this section, the circumstances in which a vessel is involved in an impact occasioning the death of, or grievous bodily harm to, a person include if the death or harm is occasioned through any of the following:
(a)  the vessel overturning or running aground while the person is being conveyed in or on the vessel (whether as a passenger or otherwise),
(b)  an impact between any object and the vessel while the person is being conveyed in or on that vessel (whether as a passenger or otherwise),
(c)  an impact between the person and the vessel,
(d)  the impact of the vessel with another vessel or an object in, on or near which the person is at the time of the impact,
(e)  an impact with anything on, or attached to, the vessel,
(f)  an impact with anything that was in motion through falling from the vessel,
(g)  the person falling from the vessel, or being thrown or ejected from the vessel, while being conveyed in or on the vessel (whether as a passenger or otherwise),
(h)  an impact between any object (including the water and the ground) and the person, as a consequence of the person (or any part of the person) being or protruding outside the vessel, while the person is being conveyed in or on the vessel (whether as a passenger or otherwise).
(6) When vessel is involved in causing other impacts For the purposes of this section, a vessel is also involved in an impact occasioning the death of, or grievous bodily harm to, a person if the death or harm is occasioned through the vessel causing an impact between other vessels or between another vessel and any object or person or causing another vessel to overturn or run aground.
(7) Circumstances of aggravation In this section, circumstances of aggravation means any circumstances at the time of the impact occasioning death or grievous bodily harm in which:
(a)  the prescribed concentration of alcohol was present in the accused’s breath or blood, or
(b)  the accused was navigating the vessel at a speed that exceeds the speed limit (if any) applicable to the person navigating the vessel, or to the navigable waters, on which the vessel was navigated at the time of the impact, or
(c)  the accused was navigating the vessel in an attempt to escape pursuit by a police officer, or
(d)  the accused’s ability to navigate was very substantially impaired by the fact that the accused was under the influence of a drug (other than intoxicating liquor) or a combination of drugs (whether or not intoxicating liquor was part of that combination).
(8) Defences It is a defence to any charge under this section if the death or grievous bodily harm occasioned by the impact was not in any way attributable (as relevant):
(a)  to the fact that the person charged was under the influence of intoxicating liquor or of a drug or a combination of drugs, or
(b)  to the speed at which the vessel was navigated, or
(c)  to the manner in which the vessel was navigated.
(9) Definitions In this section:
drug has the same meaning as it has in the Road Transport Act 2013.
object includes a pier, wharf, jetty, pontoon, buoy, breakwater, bridge, support, mooring post or platform, navigation aid, retaining wall, marina, boatshed, slipway or swimming enclosure.
prescribed concentration of alcohol means a concentration of 0.15 grams or more of alcohol in 210 litres of breath or 100 millilitres of blood.
vessel means a vessel within the meaning of the Marine Safety Act 1998.
52BA   Dangerous navigation: procedural matters
(1) Presumption as to intoxication For the purposes of section 52B, the accused is conclusively presumed to be under the influence of liquor if the prosecution proves that the prescribed concentration of alcohol was present in the accused’s breath or blood at the time of the impact occasioning death or grievous bodily harm.
(2) Evidence of intoxication For the purposes of section 52B, evidence may be given of the concentration of alcohol present in the accused’s blood at the time of the impact occasioning death or grievous bodily harm as determined by a blood analysis carried out in accordance with Schedule 1 to the Marine Safety Act 1998.
(3) Time of intoxication A concentration of alcohol determined by the means referred to in subsection (2) is taken to be the concentration of alcohol in the accused’s blood at the time of the impact occasioning death or grievous bodily harm:
(a)  if the blood sample that was analysed was taken within 2 hours after the impact, and
(b)  unless the accused proves that the concentration of alcohol in the accused’s blood at that time was less than the prescribed concentration of alcohol.
(4) Alternative verdicts If on the trial of a person who is indicted for murder or manslaughter or for an offence under section 54 the jury is satisfied that the person is guilty of an offence under section 52B, it may find the accused guilty of the offence under section 52B, and the accused is liable to punishment accordingly.
(5) Question of aggravation If on the trial of a person for an offence under section 52B (2) or (4) the jury is not satisfied that the accused is guilty of the offence charged, but is satisfied on the evidence that the accused is guilty of an offence under section 52B (1) or (3), it may find that the accused is guilty of the offence under section 52B (1) or (3), and the accused is liable to punishment accordingly.
(6) Double jeopardy This section does not take away the liability of any person to be prosecuted for or found guilty of murder, manslaughter or any other offence or affect the punishment that may be imposed for any such offence. However, a person who:
(a)  has been convicted or acquitted of an offence under section 52B cannot be prosecuted for murder or manslaughter or for any other offence under this Act on the same, or substantially the same, facts, or
(b)  has been convicted or acquitted of murder or manslaughter or of any other offence under this Act cannot be prosecuted for an offence under section 52B on the same, or substantially the same, facts.
(7) Definition In this section:
prescribed concentration of alcohol means a concentration of 0.15 grams or more of alcohol in 210 litres of breath or 100 millilitres of blood.
53   Injuries by furious driving etc
Whosoever, being at the time on horseback, or in charge of any carriage or other vehicle, by wanton or furious riding, or driving, or racing, or other misconduct, or by wilful neglect, does or causes to be done to any person any bodily harm, shall be liable to imprisonment for two years.
54   Causing grievous bodily harm
Whosoever by any unlawful or negligent act, or omission, causes grievous bodily harm to any person, shall be liable to imprisonment for two years.