Criminal Lawyers Melbourne

Causing serious injury recklessly

Criminal Lawyers Melbourne
ADLA member for - VIC

Written by
Bill Doogue
Criminal Defence Lawyer


Assaults / Violence Offences - VIC
The Law - Causing serious injury recklessly

What the Law states - Causing serious injury recklessly


Section 17.  Crimes Act 1958 Causing serious injury recklessly

A person who, without lawful excuse, recklessly causes serious injury to another person is guilty of an indictable offence.

Maximum Penalty in Victoria


The maximum penalty for a charge of causing serious injury recklessly is 15 years imprisonment.

The charge of causing serious injury recklessly is defined as a significant offence. Significant offences are a new category of offences introduced to the Sentencing Act 1991 by the Sentencing Further Amendment Act 2011. Offenders who commit a significant offence on or after 1 May 2011 will no longer be eligible for a suspended sentence in any of the Courts.

What the Prosecution must prove - Causing serious injury recklessly - Vic


(a) The accused caused serious injury to another.

(b) The injury was caused recklessly.

(c) The injury was caused without lawful excuse.

(d) The definition of "serious injury" is found under s 15 Crimes Act 1958.

Street Names

recklessly cause serious injury, assault causing bodily harm

Possible Defences - Causing serious injury recklessly


(a) Duress.

(b) Factual dispute.

(c) Identification dispute.

(d) Lack of intent.

(e) Mental impairment.

(f) Necessity.

(g) Self-defence.

 

Which court will hear the charge of Causing serious injury recklessly


The charge of cuusing serious injury recklessly is heard in the Magistrates' Court.
Article published on 01/01/2011. To check if any changes to the law please discuss with one of our lawyers.
Criminal Lawyers Melbourne