Section 16 – Crimes Act 1958 (Vic)
Intentionally causing serious injury is one of the most serious non-fatal offences in Victoria and carries a maximum penalty of 20 years’ imprisonment (Level 3).
What is “Serious Injury”?
Section 15 of the Act defines serious injury as an injury that:
It includes unconsciousness, extreme pain, substantial impairment of bodily function, hysteria, and the destruction (other than during a medical procedure) of the foetus of a pregnant woman.
In R v Ferrari, the Court confirmed that serious injury must be more than slight, superficial or trifling.
What Must the Police Prove?
To convict, the prosecution must prove beyond reasonable doubt:
Intention
It is not sufficient to prove that the accused intended to perform an act that resulted in serious injury. The prosecution must prove a specific intention to cause serious injury.
In R v Westaway, the Court distinguished between intending an act and intending the consequence of serious injury.
The High Court in Zecevic v DPP explained that intention requires a conscious decision to bring about the prohibited consequence.
Possible Defences
Defences may include:
Which Court Will Hear Your Matter?
Intentionally causing serious injury is a strictly indictable offence and will be heard in the County Court of Victoria.
The Importance of Early Legal Advice
All of the offences outlined above carry significant penalties and involve complex legal elements. Early and strategic legal advice can be critical in protecting your rights, assessing available defences, and achieving the best possible outcome.
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