Causing Bodily Injury by Gunpowder or Other Substance
Causing Bodily Injury by Gunpowder or Other Substance is an offence under Section 46 of the Crimes Act 1900 which carries a maximum penalty of 25 years in prison.
To establish the offence, the prosecution must prove beyond reasonable doubt that:
- You caused an explosion of gunpowder or other substance, or you used a corrosive fluid or other destructive matter
- By doing so, you burned, maimed, disfigured, disabled or caused grievous bodily harm to another person, and
- You did so intentionally or recklessly
‘Grievous bodily harm’ means ‘very serious harm’ it includes, but is not limited to:
- The destruction of a foetus, other than by a medical procedure
- Any permanent or serious disfiguring, and
- Any grievous bodily disease
You are ‘reckless’ if you foresaw the possibility of harming another person but you went ahead with your actions regardless.
Defences to the charge include:
- Self-defence
- Duress, and
- Necessity
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