Recklessly causing serious injury is the sort of charge which is regularly heard in the Magistrates Court.
This charge is generally laid in situations where a person recklessly causes injury to another person without lawful excuse where the injury is serious as defined under section 15 of the Crimes Act 1958.
To prove this charge the Police must show that the accused caused serious injury to another person that this action was reckless and that the accused had no lawful excuse to do so.
Defences to this can be duress, a factual dispute, lack of intent, wrongful identification, mental impairment, necessity and self-defence.
There is often an argument about whether an action was reckless or intentional and this is something that your lawyer can advise you on.
Deciding on whether to plead guilty or not has important implications for you and should be made after proper discussions with a criminal lawyer.
This is legislation that comes from section 17 of the Crimes Act 1958.
Further law information can be found on Australian Defence Lawyers Association site and also on FindLaw (here).
Further information on Recklessly Causing Serious Injury
In a Recklessly Causing Serious Injury case, the following defences may be applicable to the charge:
- Self defence
- Lack of Intent
- Sudden or Extraordinary Emergency
- Factual and Identification Dispute
- Mental Impairment
What penalties can be imposed for a charge of Recklessly Causing Serious Injury?
- Deferral of Sentencing
- Without Conviction Order
- Adjournment of the Charges on Undertaking (Good Behaviour Bond)
- Community Corrections Order
- Suspended Prison Sentence
- Term of Imprisonment
What is the legislation for the charge of Recklessly Causing Serious Injury?
The legislation for this offence can be found on section 17 of Crimes Act 1958.
Recklessly Causing Serious Injury – Case Studies
Media articles related to the charge of Recklessly Causing Serious Injury:
Links to further information about the charge of Recklessly Causing Serious Injury:
- Causing Serious Injury Recklessly in the Higher Courts – Detailed Sentencing Snapshot
- Causing Serious Injury Recklessly in the Magistrates’ Courts – Detailed Sentencing Snapshot
- Recklessly Causing Serious Injury – Criminal Lawyers Information
- eBook Browse – Causing Serious Injury Recklessly and Intentionally: Current Sentencing Practices
- MyViews: Sentencing Survey for Recklessly Causing Serious Injury
You may also visit this page to view sentencing decisions by Victorian County Courts for the offence of Recklessly Causing Serious Injury.
Need further legal advice on this charge?
Contact one of our lawyers specialising in cases of Recklessly Causing Serious Injury.