It not an offence to lose your cool. However, it is an offence if you act impulsively and assault someone. If you have been charged of an offence for voluntarily causing grievous hurt, you need to be aware of your legal rights.
- What is voluntarily causing grievous hurt?
Section 332 of the Penal Code provides for the offence of voluntarily causing grievous hurt. A person commits this offence when they carry out an act that causes grievous hurt to a person with intention to cause grievous hurt to that person or knows that their action is likely to cause hurt to that person.
The forms of hurt that are categorized as “grievous hurt” are as follows:
- Fractures
- Dislocations
- Permanent disfigurations of the head or face
- Loss of sight/hearing
- Loss of limb
- Death
Forms of hurt that do not fall under this category are generally less serious in nature and are categorised as “hurt”.
- Consequences for the offence
As the term “grievous hurt” suggests, the nature of injuries are rather serious. Hence, an offender convicted for voluntarily causing grievous hurt can be sentenced up to 10 years’ imprisonment and/or fine and/or canning.
- Can a person be arrested for voluntarily causing grievous hurt?
Under the law, an offender alleged to have voluntarily cause grievous hurt to another party can be arrested without a warrant. This means that the police officers are allowed to arrest the alleged offender immediately. The offender can be released on bail/person bond after the arrest.
- Will my offence leave a criminal record?
Yes, this offence under section 325 of the Penal is a registrable offence. That said, the law can still treat such record as spent. This means that the record will be removed from the register. To do so, the following has to be satisfied.
- First, certain criteria must be met:
- The imprisonment term where the offender was sentenced to must not exceed 3 months;
- The fine sentence imposed on the offender must not exceed $2,000;
- The offender must not have previous records; and
- None of records on the register have been spent.
Second, the offender must not commit any crimes for (at least) the next 5 consecutive years, beginning from the date of release from prison or sentenced passed if a fine was given.
Consult a lawyer
An offence for voluntarily causing grievous hurt has serious consequences. As an alleged offender, book a consultation with us to seek advice and options on your criminal rights.
