Accused or charged with causing harm?

Under section 24 of the Criminal Law Consolidation Act 1935 (SA), a person commits an offence if they cause harm to another person, either:

• Intentionally, or
• Recklessly, being aware their actions could result in harm but proceeding anyway.

Harm includes both physical and psychological injuries.

Harm means physical harm (whether temporary or permanent) and includes:

• unconsciousness;
• pain;
• disfigurement; or
• infection with a disease.

Harm also includes psychological (mental) harm but does not include emotional reactions such as distress, grief, fear or anger unless they represent psychological harm.

Whether a person is charged with causing harm under section 24, section 29(4) or section 20(4) will be decided by police. Each offence imposes a different penalty. Therefore, the decision will usually depend on the degree of injury to the victim, whether the victim was a vulnerable person and whether or not a weapon was used.

If you are charged with a more serious offence and a jury finds that you are not guilty of that offence, a jury may still find you guilty of a lesser offence.

Under section 24, the penalties are:

Intentional causing harm:

• Basic offence: 10 years
• Aggravated offence: 13 years

Reckless causing harm:

• Basic offence: 5 years
• Aggravated offence: 7–8 years depending on aggravating factors

• Causing harm (s 24) is more serious and requires either intent or recklessness.
• Assault causing harm (s 20(4)) generally arises from lower-level physical interactions and carries lighter penalties (up to 5 years for aggravated offences). Police decide which charge applies based on the degree of injury, intent and presence of aggravating factors.

Examples include:

• Punching someone and breaking their nose
• Throwing an object that causes injury
• Pushing someone who hits their head and loses consciousness
• Causing psychological trauma after repeated verbal abuse that escalates into a diagnosable mental illness

You may have a legal defence to a charge of causing harm if:

• your act was not voluntary;
• the victim consented,
• you were defending yourself or another person,
• you were defending your property; or
• you did not intend to cause harm.

Duress
It is a complete defence to a charge of causing harm if we can show that you were acting under duress. That is, you were acting as a result of violence, or some other threat against you. You will have a defence to this charge if we can demonstrate that you were coerced into the act by a third party, effectively rendering you an instrument of someone else’s criminal conduct.

Necessity/Emergency
The common law defence of necessity operates where the circumstances at hand (natural or human threats) require you to break the law in order to avoid even more dire consequences. There is, thus, some overlap with the defence of duress. It will need to be shown that you believed on reasonable grounds that you were placed in a situation of imminent peril. You may have a medical justification, or it may be the case that you were acting in the course of protecting yourself or someone else.

Essentially, the Court will need to weigh up the act you have committed, against the harm you would have experienced had you not acted in that manner. The Court will also need to be convinced that the act was proportionate to the potential harm.

Mental Impairment
The law recognises that, in some cases, people will not be capable of evaluating the nature and quality of their conduct or more categorically, they will not know what they are doing is wrong. If it can be shown that you were suffering from some sort of mental disease, disorder or disturbance, as distinguished from a mere lack of self-control or impulsiveness, then you may have a defence to this charge.

Mental impairments may be either permanent or non-permanent and may include disorders such as:

• Schizophrenia
• Hyperglycaemia
• Psychomotor epilepsy
• Cerebral arteriosclerosis

Causing Harm is a major indictable charge. The proceedings will initially commence in the Magistrates Court of South Australia. If there is sufficient evidence against you, the matter will then be transferred to the District Court of South Australia. If you need assistance with your causing harm matter, our criminal defence lawyers can assist.

Recklessness means you foresaw the possibility of causing harm through your actions but continued regardless. This is sufficient for liability under section 24(2).

Yes, in limited circumstances. Consent is not always a defence, particularly if the harm caused was serious or unreasonable in context. Courts will weigh whether the conduct was socially acceptable (e.g., in sports) or excessive.

Yes. Psychological harm qualifies as “harm” under South Australian law if it amounts to a recognised mental illness or disorder. Mere emotional distress or anger does not qualify unless it results in lasting psychological damage (section 21).

Police consider:

• Severity of injuries
• Intent or recklessness
• Presence of aggravating features
• Whether a weapon was used
  This determines whether you are charged under section 24, section 29(3), or section 20(4).

• NSW: “Assault occasioning actual bodily harm” carries up to 5 years under s 59 of the Crimes Act 1900 (NSW).
• Victoria: “Causing injury” under s 18 of the Crimes Act 1958 (VIC) carries up to 10 years.

South Australia distinguishes between assault causing harm, reckless harm and intentional harm.