Intending to Injure by Explosives or Substances
Intending to Injure by Explosives or Substances is an offence under Section 47 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 used gunpowder or another explosive substance to explode, or you sent or delivered to another, or caused another to take or receive any explosive substance or other dangerous or noxious thing, or you cast or threw at, or put, lay, or applied to another person any corrosive fluid or destructive or explosive substance (including petrol), and
- You intended by doing so to burn, maim, disfigure, disable or cause grievous bodily harm to another person
The prosecution does not need to prove that bodily injury actually occurred.
‘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
Defences to the charge include:
- Self-defence
- Duress, and
- Necessity
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