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
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."
Recklessly Causing Injury in Circumstances of Gross Violence
In Victoria the maximum penalty for recklessly causing serious injury in circumstances of gross violence under s 15B of the Crimes Act 1958 is 15 years’ imprisonment. This offence is an aggravated form of recklessly 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 exists for imposing a lesser penalty, such as impaired mental functioning.
The Offence of Recklessly Causing Serious Injury in Circumstances of Gross Violence
The offence can be found in section 15B(1) of the Crimes Act 1958 which states: A person must not, without lawful excuse, recklessly 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 the Police Must Prove
To convict a person of recklessly 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;
- The accused caused the complainant’s serious injury;
- They did so recklessly;
- The serious injury was caused in circumstances of gross violence;
- The accused acted without lawful justification or excuse.
In order to have caused a serious injury recklessly, at the time of the offence, the accused must have been aware that the injury was ‘probable’ or ‘likely’ and be indifferent as to whether or not it would occur. A person will not be found guilty if they were aware that injury was merely ‘possible’ or might result from their actions.
Further, it is not sufficient that a reasonable person in the accused’s circumstances would have realised that their conduct would be likely to injure 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.
Possible Defences for Recklessly Causing Serious Injury in Circumstances of Gross Violence
A person charged with this offence may argue in their defence that:
- They acted in self-defence or in defence of another;
- They did not act recklessly;
Which Court Will Hear Recklessly Causing Serious Injury in Circumstances of Gross Violence
Recklessly 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.
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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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