Crimes Amendment (Grievous Bodily
Harm) Bill 2005

This explanatory note relates to this Bill as introduced into Parliament.

Overview of Bill

The object of this Bill is to amend the Crimes Act 1900 to ensure that offences under
that Act relating to the infliction of grievous bodily harm extend to the destruction by
a person of the foetus of a pregnant woman (other than in the course of a medical
procedure).

The offences so extended by the Bill include the following:

(a) section 33—intentional infliction of grievous bodily harm on a person
(maximum penalty: imprisonment for 25 years),

(b) section 35—malicious infliction of grievous bodily harm on a person
(maximum penalty: imprisonment for 7 years),

(c) section 52A—dangerous driving causing grievous bodily harm (maximum
penalty: imprisonment for 7 years or, in the case of aggravated dangerous
driving, imprisonment for 11 years),

(d) section 54—negligently causing grievous bodily harm (maximum penalty:

imprisonment for 2 years).

The amendment codifies the decision of the Court of Criminal Appeal in R v King
[2003] NSW CCA 399. The amendment does not affect the current law with respect
to the lawful termination of pregnancies.

Outline of provisions

Clause 1 sets out the name (also called the short title) of the proposed Act.

Clause 2 provides for the commencement of the proposed Act on the date of assent.

Clause 3 is a formal provision that gives effect to the amendment to the Crimes Act
1900 set out in Schedule 1.

Schedule 1 Amendment
The Schedule amends the definition of grievous bodily harm in section 4 of the Act
to give effect to the object set out above.

Note: If this Bill is not modified, these Explanatory Notes would reflect the Bill as passed in the House. If the Bill has been amended by Committee, these Explanatory Notes may not necessarily reflect the Bill as passed.

 

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