Nauru

Section 71 Intentionally causing serious harm

A person commits an offence if:

(a) the person intentionally engages in conduct; and

(b) the conduct causes serious harm to another person; and

(c) the person intends to cause serious harm to that or any other person by the conduct.

Penalty:

(i) if aggravating circumstances apply—20 years imprisonment; or

(ii) in any other case—15 years imprisonment.

Section 72 Recklessly causing serious harm

A person commits an offence if:

(a) the person intentionally engages in conduct; and

(b) the conduct causes serious harm to another person; and

(c) the person is reckless about causing serious harm to that or any other person by the conduct.

Penalty:

(i) if aggravating circumstances apply—15 years imprisonment; or

(ii) in any other case—12 years imprisonment.

Section 73 Negligently causing serious harm

A person commits an offence if:

(a) the person intentionally engages in conduct; and

(b) the conduct causes serious harm to another person; and

(c) the person is negligent about causing serious harm to that or any other person by the conduct.

Penalty:

(i) if aggravating circumstances apply—13 years imprisonment; or

(ii) in any other case—10 years imprisonment.

Section 74 Intentionally causing harm

A person commits an offence if:

(a) the person intentionally engages in conduct; and

(b) the conduct causes harm to another person without the person’s consent; and

(c) the person intends to cause harm to that or any other person by the conduct.

Penalty:

(i) if aggravating circumstances apply—9 years imprisonment; or

(ii) in any other case—7 years imprisonment.

s75 Recklessly causing harm

A person commits an offence if:

(a) the person intentionally engages in conduct; and

(b) the conduct causes harm to another person without the person’s consent; and

(c) the person is reckless about causing harm to that or any other person by the conduct.

Penalty:

(i) if aggravating circumstances apply—7 years imprisonment; or

(ii) in any other case—5 years imprisonment.

Section 80 Endangering life

A person commits an offence if:

(a) the person intentionally engages in conduct; and

(b) the conduct endangers another person’s life; and

(c) the person is reckless about endangering the other person’s life.

Penalty: 10 years imprisonment.

Section 81 Risking serious harm

A person commits an offence if:

(a) the person intentionally engages in conduct; and

(b) the conduct causes risk of serious harm to another person; and

(c) the person is reckless about causing the risk.

Penalty: 7 years imprisonment.

Section 83 Risking harm

A person commits an offence if:

(a) the person intentionally engages in conduct; and

(b) the conduct causes risk of harm to another person; and

(c) the person is reckless about causing the risk.

Section 98 – Statutory duty, person to avoid omissions endangering life

A person has a statutory duty to do an act if:

• The person has agreed to do the act;
• Not doing the act would endanger the life, safety or health of another person; and

The danger arises from the person’s possession or control of a thing, or a circumstance, under the person’s control.

Dictionary –

Endanger – conduct that endangers the life of another person includes –

• Exposing a person to the risk of catching a disease that may give rise to a danger of death or serious harm; and
• Conduct that is ordinarily capably of creating a real, and not merely a theoretical, danger of death or serious harm

Physical harm – includes of any of the following (whether temporary or permanent):

• Unconsciousness
• Pain
• Disfigurement
• Infection with a disease
• Any physical contact with a person to which the person might reasonably object in the circumstances, whether or not the person was aware of it at the time