New South Wales Consolidated Acts

CRIMES ACT 1900 - SECT 35A

35A Causing dog to inflict grievous bodily harm or actual bodily harm

(1) Cause dog to inflict grievous bodily harm A person who:

(a) has control of a dog, and

(b) does any act that causes the dog to inflict grievous bodily harm on another person, and

(c) is reckless as to the injury that may be caused to a person by the act,

is guilty of an offence.

Maximum penalty: Imprisonment for 10 years.

(2) Cause dog to inflict actual bodily harm A person who:

(a) has control of a dog, and

(b) does any act that causes the dog to inflict actual bodily harm on another person, and

(c) is reckless as to the injury that may be caused to a person by the act,

is guilty of an offence.

Maximum penalty: Imprisonment for 5 years.

(3) Alternative finding If, on the trial of a person for an offence under subsection (1), it appears that grievous bodily harm was not inflicted on the other person but that actual bodily harm was inflicted, the person may be found not guilty of the offence charged but guilty of an offence under subsection (2) and be liable to punishment accordingly.

(4) Doing an act includes omitting to do the act In this section, a reference to the doing of an act includes a reference to omitting to do the act.