Causing Injury Intentionally or Recklessly

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.

In many other states, there is an offence of unlawful wounding, which consists of causing an injury that breaks both layers of the victim’s skin. Victoria does not have a specific offence of wounding, but this type of offending is encompassed by the offences of causing injury intentionally or recklessly.

What is Causing Injury Intentionally or Recklessly?

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.

Recklessly

The Prosecution must prove the following beyond a reasonable doubt to substantiate the charge of Recklessly Causing Injury;

1. That the complainant suffered an “injury”,
2. That the accused caused the injury,
3. That the accused was reckless about causing injury, and
4. 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.

Intentionally

The Prosecution must prove the following beyond a reasonable doubt to substantiate the charge of Intentionally Causing Injury;

1. The complainant suffered an “injury”
2. The accused caused the complainant’s injury;
3. The accused intended to cause injury; and
4. 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 or harm to mental health.

The following acts constitute Recklessly or Intentionally Causing Injury

• Got into a fight at a bar and punched someone breaking their nose
• Engaged in road rage accident and pushed them causing a fractured rib

Which Court Will Hear the Matter?

Recklessly or Intentionally Causing Injury is an indictable offence that can be heard in either the Magistrates’ Court or County Court depending on the seriousness of the circumstances and the attitude of defence and Prosecution.

Possible Defences

A person charged with recklessly or intentionally cause injury may defend the charge by arguing that:

• 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).

Common Questions

Will I receive a criminal conviction?

Yes, you can receive a conviction and criminal record for this offence, however, the circumstances of the offending, whether you have a criminal record, your personal background, and other mitigating factors will influence this.

In Victoria, a Court can impose any of the following penalties:

• Jail Sentence
• Community Corrections Orders (CCO)
• Fine
• Adjourned undertaking
• Diversion

The consequences of a conviction can be serious depending upon what you do for a living. Some jobs require you to have no criminal convictions and a conviction might jeopardise your job or make it difficult to obtain visas for overseas travel. Moreover a conviction for an offence of violence can completely rule out certain career paths such as teaching and a range of government employment options. Violent offences may also result in sentences that include imprisonment even where an individual has no previous convictions.

Will I go to Gaol?

Imprisonment is not the only outcome available to a Court and penalties will range from good behaviour bonds to fines, to community corrections order, with prison being a sentence of last resort. The circumstances of the offending, whether you have a criminal record, your personal background, and other mitigating factors will influence the outcome. 

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