How serious is Causing Injury Recklessly? What’s the maximum penalty and which Melbourne Court hears this charge?
There is a maximum penalty of imprisonment for 5 years for anyone proven guilty of a Recklessly Causing Injury charge. It is a medium range violence offence which does not generally carries a gaol term when guilt is established in the Court if it is a first offence. It is an indictable offence, but is generally heard before a Magistrate in the Magistrates’ Court.
The legislation on Causing Injury Recklessly
Section 18 of the Crimes Act 1958 is the appropriate law for Causing Injury Recklessly 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 Recklessly in a Melbourne Court
Deciding on whether to plead guilty to Causing Injury Recklessly or not has serious implications for you and should be made only after getting an advice from a criminal defence solicitor. If you are found guilty in Court, it is likely for you to face unfavourable consequences.
Elements of the charge of a Causing Injury Recklessly
The Prosecution must establish that injury was caused by the accused to a person. The injury must have been caused recklessly and that the accused must have had no lawful excuse for doing it.
Defending the charge of Causing Injury Recklessly in a Melbourne Court
Defending the charge of Causing Injury Recklessly often involves factual disputes. Issues may be raised on whether the injury was caused recklessly or whether the accused had a lawful excuse behind the causing of the injury. Inconsistent evidence from witnesses as to who caused the injury may be an issue. Other defences may include self defence, necessity, and mental impairment.
For more information on Causing Injury Recklessly, 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.