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Causing Serious Injury Intentionally in Circumstances of Gross Violence

Causing Serious Injury Intentionally in Circumstances of Gross Violence

In Victoria, the offence of Causing Serious Injury Intentionally in Circumstances of Gross Violence is in section 15A of the Crimes Act 1958 Vic, which is where an injury is caused by a serious assault committed in company or where weapons are involved.

Has the Police accused you of Causing Serious Injury Intentionally in Circumstances of Gross Violence? Call our firm to make a time to speak with one of our experienced lawyers to receive confidential advice.
 
We are criminal lawyers who specialise in criminal defence work and have dealt with many cases of Causing Serious Injury Intentionally in Circumstances of Gross Violence.

Police interview
Anything you tell the Police can be used against you. Therefore, it is important that you receive legal advice before speaking with Police. We can advise you about what should be said during a Police interview. You may want to know – should I make a statement to Police? Should I attend a Police interview? Do I need to give my DNA? Will the Police leave me alone if I explain my side of the story? Will I be remanded?

If the Police want to speak with you about an allegation of Causing Serious Injury Intentionally in Circumstances of Gross Violence, speak with one of our experienced lawyers first. This will protect you from saying something which prevents you from running a defence in Court.

Our lawyers can also attend the Police station with you if you feel more comfortable having someone on your side.

Pleading not guilty
We are defence lawyers who specialise in running defences to criminal charges. We can help you by devising a case strategy for you. We have in-house counsel who run our contested hearings and trials who can get involved from the beginning if you are accused of Causing Serious Injury Intentionally in Circumstances of Gross Violence. The advantage of this is that you have two lawyers working on your case.

In a case like this, you want a lawyer who is going to consider – Is there relevant CCTV footage? Is there DNA evidence? Are there people who the Police have not spoken to who can shed some light on this case? Is there exonerating evidence which needs to be preserved?

The answer to these questions can lead to a charge of Causing Serious Injury Intentionally in Circumstances of Gross Violence being withdrawn before the hearing or an acquittal.

This is a serious charge which attracts a mandatory prison sentence. We believe it is very important for our clients to understand what they are facing. Preparing a case strategy early will increase the chances of this charge being withdrawn or leading to an acquittal.

Pleading guilty
If you are pleading guilty to Causing Serious Injury Intentionally in Circumstances of Gross Violence, you must know that it attracts a mandatory prison. We can advise you if this is an appropriate charge to plead guilty to by looking at the circumstances of your case.

We can also advise you how to prepare your plea to get the possible outcome in Court. We will help you to arrange reports and documents that will help avoid a lengthy gaol sentence. Call us and discuss how to get the best result.
This charge is normally dealt with in the County Court.
 
Examples of Causing Serious Injury Intentionally in Circumstances of Gross Violence
  • In a planned attack, someone cracks another person’s skull with a baseball bat, and leaves the person with lasting psychological harm.
  • A person punches and knocks out another person at a night club. After the second person is knocked out, the first person repeatedly kicks the second person in the head until bouncers intervene.
What is the legal definition of Causing Serious Injury Intentionally in Circumstances of Gross Violence?
The legal definition of Causing Serious Injury Intentionally in Circumstances of Gross Violence has 5 essential parts:

  1. Someone suffered a serious injury; and
  2. Another person caused the injury; and
  3. The other person intended to cause the injury; and
  4. The injury was in circumstances of ‘gross violence’; and
  5. There was no legal justification or excuse.
Legislation
The section that covers this offence is section 15A of the Crimes Act 1958.1

Elements of the offence
The Prosecution must prove the following elements to establish this offence:
  1. Someone suffered a serious injury; and
  2. Another person caused the injury; and
  3. The other person intended to cause the injury; and
  4. The injury was in circumstances of ‘gross violence’; and
  5. There was no legal justification or excuse.

What are some of the possible defences to a Causing Serious Injury Intentionally in Circumstances of Gross Violence charge?
  • Someone else injured the other person.
  • There was no intention or planning to injure the other person.
  • Acting in self defence
There are other possible defences, depending on the circumstances surrounding the alleged offending. Each matter is unique and requires an individual approach and strategy.

Questions in cases like this
  • How can they prove there was planning or intention to cause the injury?
  • Did someone else actually injure the other person?
“Was there actually gross violence? “

Causing Serious Injury Intentionally in Circumstances of Gross Violence (s15A of the Crimes Act 1958) has a maximum penalty of 20 years imprisonment.

If someone is found guilty, Causing Serious Injury in Circumstances of Gross Violence has a compulsory minimum gaol term of 4 years. The most serious offences will mean a longer gaol term.