How serious is Recklessly Causing Serious Injury? What’s the maximum penalty and which Melbourne Court hears this charge?
There is a maximum penalty of 15 years of imprisonment for someone found guilty of a Recklessly Causing Serious Injury offence.
Recklessly Causing Serious Injury is a very serious offence which normally leads to a prison term once guilt is proven. The offence is indictable but can be heard before a Magistrate in the Magistrates’ Court.
The legislation on Recklessly Causing Serious Injury
Section 17 of the Crimes Act 1958 is the relevant law for Recklessly Causing Serious Injury and is as follows:
Causing serious injury recklessly
A person who, without lawful excuse, recklessly causes serious injury to another person is guilty of an indictable offence. Penalty: Level 4 imprisonment (15 years maximum).
Pleading guilty or not guilty to Recklessly Causing Serious Injury in a Melbourne Court
Planning on whether to plead guilty or not guilty to Recklessly Causing Serious Injury should be done with a criminal defence solicitor. Every step is crucial and expert legal advice is a must. If Prosecution proves to the Court that you are guilty, there could be severe consequences.
Elements of the charge of a Recklessly Causing Serious Injury case in a Melbourne Court
All elements of the charge of Recklessly Causing Serious Injury must be proven by the Prosecution in Court to establish the guilt of an accused. Primarily, a serious injury must have been caused to a person by the accused. Such injury must qualify for the definition of “serious injury” found under section 15 of the Crimes Act 1958. This injury must have been caused recklessly and the accused should have had no lawful excuse for causing it. The issue of what is reckless is a fairly complicated legal issue involving foresight of probability.
Defending the charge of Recklessly Causing Serious Injury in a Melbourne Court
There are various criminal defences that can be used in defending the charge of Recklessly Causing Serious Injury. Factual disputes are likely to be considered especially if testimonies are inaccurate or inconsistent and, sometimes, identification disputes are an important issue. In some instances, the injury caused does not actually satisfy the legal definition of “serious injury”. There are also other defences such as mental impairment, self-defence, necessity, and lack of intent.
For more information on Recklessly 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.