Recklessly Causing Serious Injury

In Victoria, the maximum penalty for recklessly causing serious injury is 15 years’ imprisonment.

The Offence of Recklessly Causing Serious Injury

The offence of Recklessly Causing Serious Injury can be found in section 17 of the Crimes Act 1958 which states: A person who, without lawful excuse, recklessly causes serious injury to another person is guilty of an indictable offence.

What is a 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.

‘Recklessly’

In order to have caused the 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 those consequences would occur. It will not be sufficient 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 their circumstances would have realised that their conduct would be likely to injure the complainant.

What Actions Might Constitute Recklessly Causing Serious Injury?

Actions such as punching, hitting or kicking another person causing a broken jaw or other broken bones, for example, might constitute this offence.

What the Police Must Prove

To convict a person of Recklessly Causing Serious Injury, the Prosecution must prove each of the following elements beyond a reasonable doubt:

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

Possible Defences for Recklessly Causing Serious Injury

Possible defences:

• The accused acted in self-defence or in defence of another
• They did not act recklessly.

Which Court Will Hear Your Matter?

Recklessly Causing Serious Injury will generally be heard in the Magistrates’ Court of Victoria depending on the seriousness of the injury. If there are other more serious charges or if the accused does not consent to the Magistrates’ Court hearing the matter, the matter can be committed to the County Court of Victoria.

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. 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 this charge?

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.