Author: Jon Ross
Practice area: assault & violence offences
Jon is a Senior Associate at Doogue + George with over 20 years of exclusive criminal defence experience, including serious violent crime and gang-related matters across London's Magistrates' and Crown Courts. His depth of experience in this area means clients receive accurate, considered advice.
View full profile →Jon authored this content and last revised it for accuracy on 6 August 2026.
What is the offence of Negligently Causing Serious Injury?
Negligently Causing Serious Injury is an indictable offence under section 24 of the Crimes Act 1958 (Vic). It concerns situations where a person’s criminally negligent behaviour results in another person suffering a legally recognised serious injury.
Key points
- Elements: Duty of care, breach of that duty, causation, and proof of serious injury.
- Conduct: A conscious, voluntary and deliberate act or omission breaching a duty of care.
- Court level: Generally heard in the County Court.
The maximum penalty for Negligently Causing Serious Injury is 10 years imprisonment.
Common defences may include No duty of care; not negligent; did not cause serious injury; duress or emergency.
Do the Police want to speak with you about an allegation of causing someone a serious injury? We can help you by answering your legal questions during a private consultation and provide clear strategic advice on how to deal with the Police.
Our criminal lawyers specialise in allegations of this offence.
Police interview
Speak with one of our lawyers before participating in a Police interview. We can answer your important questions such as:
- Should I make a statement to Police?
- Should I attend a Police interview?
- Will I help my defence if I explain my side of the story?
- Will I be remanded?
If you speak with the Police before speaking to our lawyers, you risk telling themselves which can hurt your defence in Court.
Our lawyers can also attend the Police station with you if you feel more comfortable having someone on your side to make sure you do not say something you don’t have to.
Pleading not guilty
Our lawyers have run many successful defences to charges of Negligently Causing Serious Injury. Our lawyers are pro-active and conduct their own investigation into a matter because a lot of the time, this can lead to showing the Court that the Police are wrong.
Our criminal lawyers specialise in criminal defence work and know what to look for when fighting allegations.
Pleading guilty
If you are pleading guilty to Negligently Causing Serious Injury, our lawyers can help you prepare thoroughly for your plea hearing. We will present your personal circumstances to the sentencing court and provide expert reports and character references that help explain the reasons behind your conduct. Our goal is to ensure the court has a complete understanding of you and your situation to achieve the most favourable sentencing outcome possible.
Sentencing
Sentencing in the higher courts of Victoria
Source: Sentencing Advisory Council of Victoria (SACStat), Crimes Act 1958 (Vic) s 24 — 107 charges across 62 cases, higher courts, 1 July 2019 – 30 June 2024.
| Outcome | % |
|---|---|
| Imprisonment | 86.9% |
| Community Correction Order | 7.5% |
| Youth Justice Centre Order | 5.6% |
The data demonstrates a strong likelihood of a custodial sentence for this offence at this level, reflecting the seriousness of conduct that leads to significant harm. Non-custodial outcomes are relatively uncommon. In determining penalty, the court will consider the degree of negligence, the extent of the injuries caused, prior history and the offender’s personal circumstances. Careful preparation and experienced advocacy are essential where imprisonment is a substantial risk.
Which court will the case be heard in?
This offence is generally heard in the County Court.
Examples of Negligently Causing Serious Injury
- You are Snapchatting while driving, and you crash into the car in front of you, causing the other driver to have their leg amputated.
Elements: What is the legal definition of Negligently Causing Serious Injury?
The Prosecution must prove that you owed the victim a duty of care and you breached that duty. Your act or omission, which breached the duty of care, was committed consciously, voluntarily and deliberately. The breach of your duty caused the victim to suffer a “serious injury”.
Legislation
The section that covers this offence is section 24 of the Crimes Act 1958.
What are some of the possible defences to a charge of Negligently Causing Serious Injury?
- You did not owe a duty of care.
- You did not cause serious injury.
- You were not negligent.
- You were under duress or there was an emergency.
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
- What did you do or not do?
- Do you have a lawful excuse for your actions?
- Can they prove that you seriously injured another person?
Did your actions cause serious injury to another person?
Maximum penalty for section 24 of the Crimes Act 1958
The maximum penalty for Negligently Causing Serious Injury (s24 of the Crimes Act 1958) is 10 years imprisonment.
Other Important Resources
- FindLaw: Negligently Causing Serious Injury
- Criminal Liability of the Crown (for Corporate Manslaughter and Negligently Causing Serious Injury by a body corporate)
