Have you been charged with Recklessly Causing Serious Injury?
Then you will need the services of an experienced criminal lawyer. This charge is very serious, and there are some questions that need careful consideration before advising the Court whether you intend to plead guilty or not guilty.
These should include: Is the injury serious? Can the prosecution make out their case? Did you cause the injury? If so, was your behaviour reckless? Are you being charged as a co-accused?
You should be aware that should your case be heard in the County Court, you are likely to receive a prison term following a guilty plea.
Read the following for further information on this charge.
Elements of the offence
Section 17 of the Crimes Act 1958.
The prosecution must prove:
The alleged victim suffered a “serious injury”;
The defendant caused the complainant’s serious injury;
The defendant was reckless about causing serious injury;
The defendant acted without lawful justification or excuse.
The maximum penalty
Level 4 imprisonment being a maximum of 15 years.
Where will my case be heard?
Recklessly Causing Serious Injury cases can be dealt with in the Magistrates’ Court, County Court and Supreme Court of Victoria. This charge will often be heard in the Magistrates Court and the County Court.
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 Recklessly Causing Serious Injury make an appointment to see one of our experienced lawyers today.
The legislation
Section 17 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).
