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My legal matter concerning an application for a Domestic Violence Order was managed by Mr Thomas Allen. I am grateful for the outcome he obtained. Without Mr Allen and his ongoing support, I would be certain of a different result. It has been an extremely stressful period. Mr Allen’s astute ability to liaise on my behalf and his expertise was invaluable and for which I am grateful as I am now able to move forward. Thanking you

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I would like to take this opportunity to thank Armstrong Legal and specifically Mr Thomas Allen for representing me in my recent case. At the outset, I would like to thank Mr Allen for the very professional delivery of his legal service. From the first time that I met Mr Allen, I was very impressed with his demeanour and delivery as he made me feel at ease knowing the severity of my case. Mr Allen not only gave me the possible positive outcomes of the case but also the realisation of the worst-case scenario as far as sentencing goes. … I will certainly be recommending Armstrong Legal to any of my friends or family needing representation in criminal matters. Thank you so very much.

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Thank you Armstrong Legal, the lawyers that have helped over the past 3 years but more importantly, thank you to Thomas Allen for the major part you and Mr Buckland played. Cannot thank you enough. Cheers.

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Hi all. I would like to thank Ms Lisa Riley for all her help with my legal issues this past month. It was the most harrowing experience of my life and thanks to her expertise, professionalism and knowledge of the law, I came out almost unscathed. I have no hesitation in recommending Lisa Riley and Armstrong Legal if you need help. The service is amazing and the cost was very minimal for the great outcome. Thank you Lisa for helping me in the most difficult time.

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I just want to thank you from the bottom of my heart. My whole life I was thrown away, you made me feel like I did mean something. I could not have asked for a better lawyer. Your compassion and love for your job is inspiring. Your upfront and honesty were muchly appreciated, you are a beautiful person. Thank you for not giving up on me and thank you for all the work you put in. I wish you all the best for the future and I will be recommending you to everyone I know. You're amazing!!!!

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I just wanted to thank you for representing me on Monday, I was overjoyed & relieved with the outcome. I don’t think it could have gone any better. All the best, I hope you got to celebrate this one instead after work, you forever made a difference in my life.

I know I thanked you before we parted company but please allow me to reiterate in writing my sincere deepest thanks for defending me in court today. … Armstrong Legal certainly has a great Lawyer you are a credit to the company and I'm quite sure you will secure a very successful future! … My Kindest Regards and Thanks

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Throughout Angela has been the consummate professional. She maintained a calm, yet strong demeanour remained informative and completely open in her communication and took complete ownership of the situation. We felt confident we finally had an advocate to steer us out of the nightmare we were in, and she did so with great respect and sincerity. I cannot speak more highly of Angela. She has literally rescued our family from what looked very much like a hopeless future.

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Words can’t describe how grateful I am to Trudie Cameron being my solicitor and to Andrew Tiedt presenting my case in the court. They both have been very supportive and amazingly professional and effective. I’ve got an absolutely fantastic outcome I couldn’t even dream about.

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Soon after meeting Andrew I knew he was the solicitor I wanted to handle my matter. He immediately sprang into action which brought me stability and hope during a tumultuous time in my life. Andrew was never afraid to give me straight answers to my tough questions which is a true mark of integrity. He is clearly at ease in the court environment and I believe his calm and measured demeanour went a long way to helping me secure the best result from my day in court. I would certainly recommend you approach Andrew if you need assistance.

- Client

"Andrew Tiedt was very professional and considerate to personal circumstances and gave sound advice that resulted in the best outcome possible. Highly recommended."

This article was written by Kristen Moore - Managing Associate- Werribee

Kristen holds a Bachelor of Laws and a Bachelor of Arts (Political Science and Sociology) from Victoria University. She also holds a Graduate Diploma in Legal Practice from the Australian National University. Kristen is admitted as a solicitor in the Supreme Court of Victoria and the High Court of Australia. Following admission to practice, Kristen worked exclusively in the areas...

Causing Injury Intentionally or Recklessly (Vic)

In Victoria, the charges of causing injury intentionally or recklessly are governed by section 18 of the Crimes Act 1958. Whilst both charges fall within the same section of the legislation, they are considered separate offences.

The difference between the charge of recklessly causing injury and intentionally causing injury is distinguished by the circumstances of the offending. The maximum penalty in circumstances where injury has been caused recklessly is 5 years, while the maximum penalty in circumstances where injury has been caused intentionally is 10 years.

The type of injury sustained and/or the circumstances in which the injury occurred will affect the penalty given by the court. These charges can result in a custodial sentence, though this is not inevitable.

The Offence

Section 18 of the Crimes Act 1958 states that;

A person who, without lawful excuse, intentionally or recklessly causes injury to another person is guilty of an indictable offence.

Recklessness

The Prosecution must prove the following beyond a reasonable doubt to substantiate the charge of recklessly causing injury;

That the complainant suffered an “injury”,
That the accused caused the injury,
That the accused was reckless about causing injury, and
That the accused acted without lawful justification or excuse.

Recklessness is defined to include the accused having been aware, when they committed the relevant conduct, that it would probably cause injury or that injury was probable or likely.

Intention

The prosecution must prove the following beyond a reasonable doubt to substantiate the charge of intentionally causing injury;

The complainant suffered an “injury”
The accused caused the complainant’s injury;
The accused intended to cause injury; and
The accused acted without lawful justification or excuse.

Intention is this regard is defined as meaning that the accused must have intended to inflict injury generally rather than a specific injury)

What is an injury?

Section 15 of the Crimes Act 1958 provides that injury means physical injury (further defined to include: unconsciousness, disfigurement, substantial pain, infection with a disease and an impairment of bodily function), or harm to mental health.

Injury also includes psychological harm but does not include stress, grief, fear or anger unless it results in psychological harm.

The injury can be temporary or permanent.

Possible Defences

That the accused acted in self-defence or defence of another,
That the accused did not act recklessly or intentionally (as per the relevant charge).

Which court will hear the matter?

The offences of recklessly or intentionally causing injury will usually be heard in the Magistrates Court (if the accused consents to the Magistrates’ Court jurisdiction). Alternatively, the charge can be heard in the County Court of Victoria; however, this is less likely and would be dependant on the circumstances.

Offences against Emergency Workers, Custodial Officers and Youth Justice Custodial Workers on duty

If a person commits an offence of recklessly or intentionally causing injury and the complainant is an emergency worker, custodial officer or youth justice custodial worker on duty, the law dictates that the offender must serve a mandatory term of imprisonment unless the court is satisfied under section 10A of the Sentencing Act 1991, that a special reason exists.

A ‘special reason’’ can include a range of factors and it is important that if you are charged with this offence that you obtain suitable legal representation from a lawyer that has proven success in arguing the existence of special circumstances. Our specialised Criminal Lawyers have proven success in arguing the existence of special circumstances and persuading the court against imposing the otherwise mandatory penalty.

If you require legal advice or representation in any legal matter, please contact Armstrong Legal.

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