A charge of intentionally causing serious injury is a serious allegation that demands a vigilant and experienced defence. At Elbob & Stephenson Legal, we recognize the gravity of this offence and are committed to providing a robust and tailored defence strategy to address your specific situation.
The Offence
In Victoria, the charge of intentionally causing serious injury is outlined in section 16 of the Crimes Act 1958:
“A person who, without lawful excuse, intentionally causes serious injury to another person is guilty of an indictable offence”
What is a serious injury?
In the Crimes Act 1958, section 15 outlines, serious injury means an injury that endangers life or is substantial and protracted.
What prosecution must prove?
In order for the police to find a person guilty of this charge, they must prove the following elements beyond a reasonable doubt:
- The victim suffered a serious injury;
- The accused caused the victim’s serious injury;
- The accused intended to cause serious injury; and
- The accused acted as such with no lawful justification or excuse.
To be convicted of this offence, the police must prove an intention to cause serious injury, not an act that constitutes which leads to a serious injury. Must be specific in that the accused intended to cause serious injury.
Possible Defences
When pleading the accused’s case, the possible defences that can be used in court are:
- That the accused acted in self-defence or in defence of another person;
- The accused did not intend to cause serious injury.
Maximum Penalties
If you are found guilty of intentionally causing serious injury the maximum penalty imposed is:
- Level 3 Imprisonment (20 years Maximum)
The court has the power to impose the maximum penalty but also has the discretion to consider the facts and the accused circumstances when doing so.
What next?
This offence is an indictable offence and will be heard in the county court of Victoria.
