How serious is Negligently Causing Serious Injury? What’s the maximum penalty and which Melbourne Court hears this charge?
Negligently Causing Serious Injury is a highly serious offence. The accused is likely to serve a prison term upon finding of guilt. This charge is an indictable offence and is primarily heard in the County Court. It also has a maximum penalty of 10 years of imprisonment upon finding guilt. However, this maximum penalty is only imposed on an accused if the offence committed is deemed to be an extreme example of the offence.
The legislation on Negligently Causing Serious Injury
Section 24 of the Crimes Act 1958 is the exact law for Negligently Causing Serious Injury. It is as follows:
Negligently causing serious injury
A person who by negligently doing or omitting to do an act causes serious injury to another person is guilty of an indictable offence. Penalty: Level 5 imprisonment (10 years maximum).
Pleading guilty or not guilty to Negligently Causing Serious Injury in a Melbourne Court
Pleading or not pleading guilty to a charge of Negligently Causing Serious Injury has huge consequences that may involve very unfavourable circumstances for the accused. As such, it is a must to discuss legal issues with a criminal defence solicitor.
Elements of the charge of a Negligently Causing Serious Injury case in a Melbourne Court
There are various elements to this charge that must be proven by the Prosecution in Court to establish the guilt of an accused. Primarily, the accused must have caused a serious injury to another person and that serious injury satisfies the definition found under section 15 of the Crimes Act 1958. The accused must have also caused the serious injury via a negligent act or omission. It is also necessary for the accused to have no lawful excuse for causing the serious injury.
Defending the charge of Negligently Causing Serious Injury in a Melbourne Court
There are various criminal defences that can be used to defend an accused charged of Negligently Causing Serious Injury. Self defence, duress, and necessity are often defences used for cases involving this offence. Defence lawyers may also argue on the accuracy of facts presented in Court (which is generally known as a “factual dispute”). Other defences might be consent or mental impairment.
For more information on Negligently Causing Serious Injury, 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 that it stands at this time.