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Intentionally causing serious injury

Criminal Lawyers Melbourne
ADLA member for - VIC

Written by
Bill Doogue
Criminal Defence Lawyer


Assaults / Violence Offences - VIC
The Law - Intentionally causing serious injury

What the Law states - Intentionally causing serious injury


Section 16 Crimes Act

Causing serious injury intentionally.

16. Causing serious injury intentionally

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

Maximum Penalty in Victoria


The maximum penalty for a charge of Intentionally cause serious injury is 20 years imprisonment.

The charge of Intentionally cause serious injury is defined in section 3 of the Sentencing Act 1991 as a serious offence. Offenders who commit a serious 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 - Intentionally causing serious injury - Vic


(a) The accused caused serious injury to another.

(b) The injury was caused intentionally.

(c) The injury was caused without lawful excuse.

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


Street Names

Assault and battery, Assault causing serious bodily harm, Assault causing grievous bodily harm, cause serious injury intentionally

Possible Defences - Intentionally causing serious injury


(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 Intentionally causing serious injury


The chgarge of Intentionally cause serious injury is heard in the County Court.
Article published on 09/01/2009. To check if any changes to the law please discuss with one of our lawyers.
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