Have you been charged with Intentionally Causing Serious Injury in Circumstances of Gross Violence?
If so, you will need a law firm that specialises in criminal law and assault charges in Victoria. This is an extremely serious charge, and there are several things to consider before telling the Court how you intend to plead.
You need to be able to answer the following questions: Does the prosecution have a case? Is the injury serious? Did you cause it? Did you act alone? Would the circumstances of the offence constitute ‘gross violence’?
You should also be aware that most people who plead guilty to this offence face a significant prison term, to be served immediately. See below for more information on this charge.
Elements of the offence
Section 15A of the Crimes Act 1958.
The prosecution must prove:
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the alleged victim suffered a serious injury;
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the defendant was the cause of the serious injury;
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the defendant intended on causing the serious injury; and
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the circumstances of the alleged offending involved “gross violence”.
The maximum penalty
Level 3 imprisonment being a maximum of 20 years.
Where will my case be heard?
Intentionally Causing Serious Injury cases can only be heard in the County Court or Supreme Court of Victoria.
Questions to consider
Do you have a defence? If you are pleading guilty, what can you do to minimise your sentence?
When did the offence occur? The definition of ‘serious injury’ was altered in the Crimes Act 1958 as at 1 July 2013. Speak to a specialist criminal lawyer before proceeding further.
What to do next?
See an experienced criminal lawyer urgently. Preparation in relation to any matter is critical. Don’t leave it to the last minute.
If you have been charged with Causing Serious Injury Intentionally in Circumstances of Gross Violence make an appointment to see one of experienced criminal lawyers today.
The legislation
15A Causing serious injury intentionally in circumstances of gross violence
(1) A person must not, without lawful excuse, intentionally cause serious injury to another person in circumstances of gross violence.
Penalty: Level 3 imprisonment (20 years maximum).
(2) For the purposes of subsection (1), any one of the following constitutes circumstances of gross violence—
(a) the offender planned in advance to engage in conduct and at the time of planning—
(i) the offender intended that the conduct would cause a serious injury; or
(ii) the offender was reckless as to whether the conduct would cause a serious injury; or
(iii) a reasonable person would have foreseen that the conduct would be likely to result in a serious injury;
(b) the offender in company with 2 or more other persons caused the serious injury;
(c) the offender participated in a joint criminal enterprise with 2 or more other persons in causing the serious injury;
(d) the offender planned in advance to have with him or her and to use an offensive weapon, firearm or imitation firearm and in fact used the offensive weapon, firearm or imitation firearm to cause the serious injury;
(e) the offender continued to cause injury to the other person after the other person was incapacitated;
(f) the offender caused the serious injury to the other person while the other person was incapacitated.
