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forensic medicine



    • essentially adds a form of mandatory 4 year minimum non-parole sentencing for Gross Violent Crimes where serious injury results whether intentionally or recklessly in circumstances of gross violence (there are some special circumstances which may exclude this charge)
    • doctors may be requested to give evidence to help decide if serious injury resulted or if the injury could have been not from violence but from a fall or seizure
    • serious injury is defined in the Act as:
      • (a) an injury (including the cumulative effect of more than one injury) that
        • (i) endangers life; or
        • (ii) is substantial and protracted; or
      • (b) the destruction, other than in the course of a medical procedure, of the foetus of a pregnant woman, whether or not the woman suffers any other harm
    • injury occurring after 1st July 2013 means:
      • (a) physical injury; or
      • (b) harm to mental health
      • whether temporary or permanent
    • physical injury includes unconsciousness, disfigurement, substantial pain, infection with a disease and an impairment of bodily function
    • harm to mental health includes psychological harm but does not include an emotional reaction such as distress, grief, fear or anger unless it results in psychological harm
    • essentially, gross violence means that the offender either:
      • planned to cause, or a reasonable person would expect that the result would be, serious injury, or,
      • acted with another person, or,
      • planned to use, and did use an offensive weapon to cause serious injury, or,
      • continued to cause injury after the person was incapacitated, or,
      • caused serious injury while the person was incapacitated
    • if the circumstance of gross violence was not present, the offender could be charged with the alternate charge under sections 16, 17 or 18 of the Crimes Act 1958 which have not been amended and do not carry minimum sentencing
    • if the serious injury arose from negligence, then section 24 of the Crimes Act 1958 may apply.
    • if only a threat to inflict serious injury is made, the offender could be charged under Sect 21 of the Crimes Act 1958
    • lesser injuries or threats may fall under assaults in sections 31,39,etc of the Crimes Act 1958
forensic_med.txt · Last modified: 2014/04/22 05:46 by gary1