Anastasia Qvist is an outstanding lawyer. My criminal law situation (family violence order) was difficult, complex and Ana's diligence saved me as I was going through the most difficult period of my life. Ana is down to earth, commonsense and she even kept our costs to a minimum. She is a skilled litigator and knows the ins and outs of the ACT Magistrates Court. She dealt skillfully with the DPP and is an excellent negotiator. You will get a fair representation and she genuinely cares about her clients. She has my complete recommendation. The lady goes to bat for her clients.
I would strongly recommend Anastasia to anyone who is seeking legal representation. As a first-time offender who was charged with a Level 2 Drink Driving offence, she walked me through every step of the matter and was very upfront and clear on all aspects of my case. She was always accessible when I needed advice. Her approach and advice were excellent. Under her representation, I received the best possible outcome and managed to avoid a criminal conviction. She was a pleasure to deal with throughout the whole matter.
Anastasia Qvist was very professional and helpful in every step of my matter. I got a very good outcome and I can’t thank you enough for your hard work and the Armstrong Legal team in Canberra. I would highly recommend her!!!
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.
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.
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.
"Andrew Tiedt was very professional and considerate to personal circumstances and gave sound advice that resulted in the best outcome possible. Highly recommended."
Intentionally Causing Injury in Circumstances of Gross Violence
In Victoria the maximum penalty for Intentionally Causing Serious Injury in Circumstances of Gross Violence is 20 years’ imprisonment. This offence is an aggravated form of Intentionally Causing Serious Injury as it has the added element of the serious injury occurring in circumstances of ‘gross violence’.
If you are convicted of this offence, you will serve a minimum of four years’ imprisonment pursuant to sections 10 and 11 of the Sentencing Act 1991, unless a special reason such as impaired mental functioning exists.
The Offence of Intentionally Causing Serious Injury in Circumstances of Gross Violence
The offence of Intentionally Causing Serious Injury in Circumstances of Gross Violence can be found in section 15A(1) of the Crimes Act 1958 which states: A person must not, without lawful excuse, intentionally cause serious injury to another person in circumstances of gross violence.
What is ‘serious injury’?
Section 15 of the Crimes Act 1958 states that ‘serious injury’ means an injury that:
- Endangers life; or
- Is substantial and protracted.
Serious injury also includes the destruction, other than in the course of a medical procedure, of the foetus of a pregnant woman, whether or not the woman suffers any other harm.
What Action Might Constitute Intentionally Causing Serious Injury in Circumstances of Gross Violence?
Planning in advance to shoot or stab someone and then using that weapon to cause a serious injury to another person might constitute an example offence;
Continuing to kick someone to the head after they have lost consciousness might also constitute an example of this offence.
What the Police Must Prove
To convict you of Intentionally Causing Serious Injury in Circumstances of Gross Violence, the prosecution must prove each of the following elements beyond a reasonable doubt:
- The complainant suffered a serious injury;
- You caused the complainant’s serious injury;
- You did so intentionally;
- The serious injury was caused in circumstances of gross violence;
- You acted without lawful justification or excuse.
To be convicted of this offence, the prosecution must prove an intention to cause serious injury, not merely an intention to do an act which causes the serious injury. In other words, the prosecution must prove that you had the specific intent to cause the serious injury.
Nevertheless, the intention to cause serious injury may be inferred where the physical act is a direct assault which any ordinary person would have realised was likely to cause some physical harm to the complainant. In such cases, it will be necessary for you to provide evidence that you did not realise that your actions might cause some physical harm to the complainant.
Under section 15A of the Crimes Act 1958, any one of the following constitutes circumstances of gross violence:
- The offender planned in advance to engage in conduct and at the time of planning
- The offender intended that the conduct would cause a serious injury; or
- The offender was reckless as to whether the conduct would cause a serious injury; or
- A reasonable person would have foreseen that the conduct would be likely to result in a serious injury.
- The offender in company with two or more other persons caused the serious injury;
- The offender entered into an agreement, arrangement or understanding with two or more other persons to cause a serious injury;
- The offender planned in advance to have with him or her and to use an offensive weapon, firearm or imitation firearm and in fact used the offensive weapon, firearm or imitation firearm to cause the serious injury;
- The offender continued to cause injury to the other person after the other person was incapacitated;
- The offender caused the serious injury to the other person while the other person was incapacitated.
Which Court Will Hear Your Matter?
Intentionally causing serious injury in circumstances of gross violence is a strictly indictable charge, which means that it will be heard in the County Court.
If you require legal advice or representation in any legal matter, please contact Armstrong Legal.
WHERE TO NEXT?
If you suspect that you may be under investigation, or if you have been charged with an offence, it is vital to get competent legal advice as early as possible. Our lawyers are highly specialised in criminal law and will be able to guide you through the process while dealing with the various authorities related to your matter.
WHY CHOOSE ARMSTRONG LEGAL?
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