Intentionally Causing Serious Injury

In Victoria, the maximum penalty for Intentionally Causing Serious Injury is 20 years’ imprisonment. The offence of Intentionally Causing Serious Injury is governed by section 16 of the Crimes Act 1958.

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 fetus of a pregnant woman, whether or not the woman suffers any other harm.

Intentionally

To be convicted of Intentionally Causing Serious Injury, the Prosecution must prove an intention to cause serious injury, not merely an intention to do an act which causes serious injury. In other words, the Prosecution must prove that the accused had the specific intent to cause 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.

What Actions Might Constitute Intentionally Causing Serious Injury?

A person may be charged with this offence if they have intentionally caused a serious injury but where the injury falls short of grievous bodily harm.

What the Police Must Prove

To convict a person of this offence the Prosecution must prove each of the following elements beyond a reasonable doubt:

• The complainant suffered a serious injury;
• The accused caused the complainant’s serious injury;
• They did so intentionally;
• They acted without lawful justification or excuse.

Possible Defences

A person charged with this offence may argue in their defence:

• That they were acting in self-defence or in defence of another
• They did not intend to cause serious injury

Which Court Will Hear Your Matter?

Intentionally Causing Serious Injury is a strictly indictable charge, which means that it will be heard in the County Court of Victoria.

Common Questions about Intentionally Causing Serious Injury

Will I receive a criminal conviction for Intentionally Causing Serious Injury?

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. A conviction would be well within range for this offence. 

In VIC, a Court can impose any of the following penalties for an affray charge:

• Jail
• Community Corrections Orders (CCO)
• Fine
• Adjourned Undertaking

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 for affray 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 jail for Intentionally Causing Serious Injury?

Yes, you can be sentenced to a term of imprisonment for this charge, as it is a serious violent offence in Victoria and carries a maximum penalty of 20 years imprisonment. A term of imprisonment is well within range. 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.