How serious is Causing Injury Intentionally? What’s the maximum penalty and which Melbourne Court hears this charge?
Causing Injury Intentionally is a very serious offence which typically carries a prison term when guilt is established in Court. It is considered to be in the medium scale of criminal offences, but can be heard summarily in the Magistrates’ Court. There is a maximum penalty of a 10-year imprisonment for anyone found guilty of a Causing Injury Intentionally charge.
The legislation on Causing Injury Intentionally
Section 18 of the Crimes Act 1958 is the relevant law for Causing Injury Intentionally and is as follows:
Causing injury intentionally or recklessly
A person who, without lawful excuse, intentionally or recklessly causes injury to another person is guilty of an indictable offence. Penalty: If the injury was caused intentionally-level 5 imprisonment (10 years maximum); If the injury was caused recklessly-level 6 imprisonment (5 years maximum).
Pleading guilty or not guilty to Causing Injury Intentionally at a Melbourne Court
Deciding on whether to plead guilty or not guilty to the charge of Causing Injury Intentionally has serious consequences for you and thus should be made after consulting with a criminal defence solicitor. If you are proven guilty, you might have to face very unfavourable results.
Elements of the charge of a Causing Injury Intentionally
Primarily, the Prosecution must prove that the accused caused injury to an individual. The injury must have also been caused intentionally and that there was no lawful excuse behind the caused injury.
Defending the charge of Causing Injury Intentionally in a Melbourne Court
Defending the charge of Causing Injury Intentionally may involve various considerations. Factual disputes are likely to be looked into. Lack of intent, self defence, and necessity are also crucial considerations. Other defences may include duress, identification disputes, and mental impairment.
For more information on Causing Injury Intentionally, you may visit the Australian Defence Lawyers Association site (click here) and also the Doogue & O’Brien Melbourne Criminal Lawyers site (here).
Doogue & O’Brien Melbourne can provide you more detail about this
Our Head Office is at 5/221 Queen Street, Melbourne
Phone (03) 9670 5111 (24 hrs if you are in a Police Station)
This article was written on July 30, 2012 and relates to the law as it stands at this time.