Definition of injury?
Under the Crimes Act 1958 (Vic), there are numerous offences related to the infliction of injury on another person. There are two key types of injury – injury and serious injury – and both are defined under the legislation. This article details what constitutes an injury or serious injury pursuant to these definitions and what offences they pertain to.
Injury
Section 15 of the Crimes Act 1958 (Vic) defines injury, whether temporary or permanent, as one of the following:
- Physical injury, which includes unconsciousness, disfigurement, substantial pain, infection with a disease, and an impairment of bodily function.
- Harm to mental health, which includes psychological harm but does not include an emotional reaction such as distress, grief, fear or anger unless they result in psychological harm.
Definition of Serious Injury
Section 15 of the Crimes Act 1958 (Vic) defines serious injury. Serious injury means:
- an injury or series of injuries that:
- endangers the life of an individual; or
- is substantial and protracted; or
the destruction, other than in the course of a medical procedure, of the foetus of a pregnant woman, whether or not the woman suffers any other harm.
Causing injury offences
Regarding causing serious injury, please see the following offences under the Crimes Act 1958 (Vic):
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Section 15A: Causing serious injury intentionally in circumstances of gross violence
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Section 15B: Causing serious injury recklessly in circumstances of gross violence
Regarding causing injury, please see the following offences under the Crimes Act 1958 (Vic):
Additionally, though injury is not a requirement of assault, many offences that constitute assault may also cause injury or serious injury, and you may alternatively be liable under this offence. See Assault for more.
