Causing Serious Injury Intentionally in Circumstances of Gross Violence

– section 15A of the Crimes Act 1958

Causing Injury Seriously in Circumstances of Gross Violence is used when someone deliberately and seriously injures another person, and the injury happens in one of several circumstances.

These are:

  1. When someone planned to injure the other person in advance; or
  2. When 2 or more people injure the other person; or
  3. When someone planned to use a weapon on the other person and used it; or
  4. When someone caused the injury after the other person could no longer defend themselves; or
  5. When someone continued to attack the other person after the other could no longer defend themselves.
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? “

The maximum penalty is 20 years.
 
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.