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 Recklessly Causing Serious Injury?
Recklessly Causing Serious Injury is an indictable offence under section 17 of the Crimes Act 1958 (Vic). It applies where a person causes another to suffer a serious injury while aware that their conduct would probably or likely bring about that level of harm, even without intending to cause it.
Key points
- What must be proved: Serious injury, causation, recklessness, and absence of lawful justification or excuse.
- Type of conduct: Conduct creating a probable risk of serious injury, such as violent acts resulting in substantial or life-endangering harm.
- Usual court level: Indictable offence triable summarily; commonly heard in the Magistrates’ Court or the County Court.
The maximum penalty for Recklessly Causing Serious Injury is 15 years imprisonment.
Common defences may include Challenging whether the injury is “serious”, disputing causation or recklessness, and raising defences such as self-defence, duress or mental impairment where supported by the evidence.
Have you been accused you of Recklessly Cause Serious Injury? You will want to speak with one of our experienced lawyers straight away.
We are criminal lawyers who specialise in criminal defence work and have successfully represented many people charged with Recklessly Cause Serious Injury.
Police interview
It is important that you speak with one of our lawyers before you speak with the Police. Anything you tell the Police can be used in evidence against you or assist the Police investigation against you.
We can advise you about what should be said during a Police interview. You must know the answers to the following before you walk into the Police station:
- 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?
Our lawyers can also attend the Police station with you if you feel more comfortable having someone on your side to assist you through the interview process.
Pleading not guilty
Our defence lawyers specialise in defending charges of Recklessly Cause Serious Injury and we can devise a case strategy for you.
Our lawyers are proactive in their approach and will 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 evidence which we need to be preserve?
- Do the Police have medical reports to substantiate the serious injury allegation?
Preparing a defence strategy early will increase the chances of preserving valuable evidence which can help your case later on. It may lead to witnesses that we will take statements from rather than the Police.
Pleading guilty
Recklessly Cause Serious Injury is a serious charge and may result in a prison sentence. Therefore, you must speak with one of our lawyers before agreeing to plead guilty to Recklessly Cause Serious Injury. Our experienced lawyers can:
- Help you gather an expert report,
- Help you gather character references,
- Represent you at your plea hearing.
Call us and discuss how to get the best result.
Sentencing
Sentencing in the higher courts of Victoria
Source: Sentencing Advisory Council of Victoria (SACStat), Crimes Act 1958 (Vic) s 17 — 203 charges across 177 cases, higher courts, 1 July 2019 – 30 June 2024.
| Sentencing outcome | % |
|---|---|
| Imprisonment | 86.7% |
| Community Correction Order | 8.9% |
| Youth Justice Centre Order | 3.4% |
| Other | 1.0% |
These figures indicate a very strong likelihood of imprisonment when a person is convicted of recklessly causing serious injury in the higher courts. The distribution reflects the seriousness of conduct that results in significant harm to another person. However, the final sentence will depend on the specific circumstances of the offending and the individual background of the offender.
Sentencing in the Magistrates’ Court of Victoria
Source: Sentencing Advisory Council of Victoria (SACStat), Crimes Act 1958 (Vic) s 17 — 148 charges across 147 cases, Magistrates’ Court, 1 July 2020 – 30 June 2023.
| Sentencing outcome | % |
|---|---|
| Imprisonment | 51.4% |
| Community Correction Order | 33.8% |
| Fine | 10.8% |
| Adjourned Undertaking | 4.1% |
These figures show that there is a meaningful chance of imprisonment for this offence in the Magistrates’ Court. At the same time, courts frequently impose community-based penalties depending on the seriousness of the conduct. The sentence imposed will depend on factors such as the level of harm caused, the circumstances of the incident and the offender’s personal background.
Which court will the case be heard in?
As this charge is an indictable offence triable summarily, it is regularly heard in both the Magistrates’ Court and County Court.
Examples of Recklessly Causing Serious Injury
- A person pushes another through a first story glass window. The victim is lacerated as they pass through the window and breaks their leg due to the fall.
- A person throws a kitchen knife at another person during a heated argument. The kitchen knife cuts the victim’s neck, causing them to bleed profusely.
- A customer gets into an argument with a store attendant. The argument escalates, and the customer punches the store attendant multiple times to his face. The victim requires surgery and is left with permanently impaired vision.
What is the legal definition of Recklessly Causing Serious Injury?
A person who, without lawful excuse, recklessly causes serious injury to another person is guilty of an indictable offence.
Legislation
The relevant legislation for this offence is section 17 of Crimes Act 1958 (Vic) (the Act).
Elements of the offence
To prove this charge the Police must prove the following elements:
- The complainant suffered a serious injury;
- The accused caused the complainant’s serious injury;
- The accused was reckless about causing the serious injury and
- The accused acted without any lawful justification or excuse.
Element 1: The complainant suffered a serious injury
‘Serious injury’ is defined in section 15 of the Act as:
- An injury (including the cumulative effect of more than one injury) that –
- Endangers life; or
- Is substantial and protracted
- The destruction, other than in the course of a medical procedure, of the foetus of a pregnant woman, whether or not the woman suffers any other harm.
An ‘injury’ is defined in section 15 of the Act as:
- Physical injury; or
- Harm to mental health;
whether temporary or permanent.
Physical injury and mental harm are both defined inclusively.
Physical injury includes unconsciousness, disfigurement, substantial pain, infection with a disease and impairment of bodily function.1
Harm to mental health includes psychological harm, but does not include distress, grief, fear or anger unless these emotions result in psychological harm.2
Under the law in force before 1 July 2013, serious injury was inclusively defined to mean a combination of injuries and / or the destruction of a foetus. A decision maker would have to make a value judgment as to whether an injury amounted to a serious injury.3
The amendments in the Crimes Amendment (Gross Violence Offences) Act 2013 substituted a new exhaustive definition for serious injury. For charges initiated after 1 July 2013, once a decision maker decides that an injury endangers life, is substantial and protracted or involves the destruction of a foetus, they must conclude that the injury is a serious injury.4
Element 2: The accused caused the complainant’s serious injury
The accused must have caused the complainant’s serious injury. The accused need not personally inflict the injury. This element of the offence will be satisfied even if the accused indirectly caused the injury.5
Element 3: The accused was reckless about causing the serious injury
The accused must have been aware at the time of committing the offence that their conduct would probably or likely cause serious injury.6 It is not sufficient for the accused to have been aware that serious injury was possible or might result from their actions.7
To satisfy this element, the prosecution must prove that the accused themselves was aware that their conduct would probably cause serious injury. It is not sufficient that a ‘reasonable person’ in the accused’s circumstances would foresee that their actions would probably seriously injure the complainant.8
Can they prove you probably knew your actions would result in serious injury?
Element 4: The accused acted without any lawful justification or excuse
The prosecution must disprove any defences which are open on the evidence, such as self defence or duress.
What are some of the possible defences to Recklessly Causing Serious Injury?
The most common defence to this charge that some element of the offence is not made out. For example:
- There is no injury;
- The accused did not cause the injury;
- Any injury that the victim suffered does not qualify as a serious injury;
- The accused was not acting recklessly when they caused the injury.
Other defences to this charge include duress, mental impairment and self-defence.
Deciding on whether to plead guilty or not has important implications for you and should be made after proper discussions with a criminal lawyer.
Questions in cases like this
- Is there an injury?
- If there is an injury, is it a serious injury?
- Did the accused cause the injury?
- If the accused caused the injury, was the accused reckless when they caused the injury?
Maximum penalty for section 17 of the Crimes Act 1958
Recklessly Causing Serious Injury (s17 of the Crimes Act 1958) has a maximum penalty of 15 years imprisonment.
Amendments to the Sentencing Act 1991 require that a period of imprisonment with a minimum non-parole period of two years be imposed when a person is found guilty of committing this offence and the victim is a emergency worker on duty or a custodial officer on duty.9 In these cases, the prosecution may apply to have the matter heard in the County Court as Magistrates are only able to impose a maximum of two years imprisonment for any given offence.10
Other important resources
- SAC Statistics Higher Courts – Crimes Act 1958 (Vic) : s 17 – causing serious injury recklessly
- SAC Statistics – Crimes Act 1958 (Vic) : s 17 – causing serious injury recklessly
- VCC summaries – recklessly causing serious injury: Sentencing decisions from 1 January 2016 to 30 November 2017, arranged by severity of total effective sentence
- Judicial College of Victoria Bench Notes – Recklessly Causing Serious Injury
Case studies related to Recklessly Causing Serious Injury
- Community Corrections Order for Family Violence
- Withdrawing Recklessly Causing Serious Injury
- Recklessly Cause Serious Injury – CCO
FAQ About Recklessly Causing Serious Injury
What injuries qualify as “serious injury” in Victoria?
How does recklessness differ from intention in this offence?
Does the accused have to physically inflict the injury themselves?
Can multiple injuries be considered together?
Are there specific sentencing rules if the victim is an emergency worker?
[1] Crimes Act 1958 (Vic) s 15
[2] Crimes Act 1958 (Vic) s 15
[3] R v Welsh & Flynn Vic CCA 16/10/1987
[4] Judicial College of Victoria Bench Notes, Recklessly Causing Serious Injury, [9]
[5] R v Salisbury [1976] VR 452
[6] R v Crabbe (1985) 156 CLR 464
[7] R v Crabbe (1985) 156 CLR 464
[8] R v Campbell [1997] 2 VR 585
[9] Sentencing Act 1991 (Vic) s 10AA(1)
[10] Sentencing Act 1991 (Vic) s 113
