Have you been charged with Intentionally Causing Injury?
If the answer is yes, it is essential you consult an experienced criminal lawyer. This is a serious charge, and there are several things to consider if you have been charged with Intentionally Causing Injury.
- Was the alleged victim injured?
- Did you cause the injury?
- Did you mean to cause the injury?
- Was there any reasonable justification for your actions?
These questions all need to be explored thoroughly before letting the Court know how you intend to plead.
It is important to remember that if you have been charged with intentionally causing injury, it is also likely that you have been charged with unlawful assault or common assault. These charges will be considered alternative charges meaning you should never be found guilty of both unless they represent separate incidents. The only difference between an assault and an intentionally causing injury charge, is whether injury is made out as a result of the assault.
See ‘What is an assault?’ for further information about assault charges in Victoria.
Read on for further information on Intentionally Causing Injury.
Elements of the offence
Section 18 of the Crimes Act 1958
The prosecution must prove:
The alleged victim suffered an “injury”;
The defendant caused the alleged victim injury;
The defendant intended to cause injury;
The defendant acted without lawful justification or excuse.
The maximum penalty
Level 5 imprisonment being a maximum of 10 years.
Where will my case be heard?
Intentionally Causing Injury cases will usually be heard in the Magistrates’ 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 ‘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?
Consult an experienced criminal lawyer urgently.
Ensure that you don’t leave things until the last minute. Appropriate preparation is critical to the success of any matter.
If you have been charged with Intentionally Causing Injury make an appointment to see one of our experienced lawyers today.
The legislation
Section 18 Causing injury intentionally or recklessly
A person who, without lawful excuse, intentionally or recklessly causes injury to another person is guilty of an indictable offence.
Penalty: If the injury was caused intentionally—level 5 imprisonment (10 years maximum);
If the injury was caused recklessly—level 6 imprisonment (5 years maximum).
