Have you been charged with Negligently Causing Serious Injury?
If so, you will need to engage a law firm that specialises in criminal law.
Did you cause serious injury to another person either by doing something or failing to do something? Were you responsible for this person’s safety? Did you act alone, or are you being charged as a co-accused?
All these questions and more need to be carefully considered with an experienced criminal lawyer before you appear before a Court. This charge carries a potential penalty of 5 years in prison, so it is vital to prepare thoroughly.
See here for more on Assault Offences.
The elements of negligently causing serious injury
Section 24 of the Crimes Act 1958.
The prosecution must prove:
The defendant owed the alleged victim a duty of care;
The defendant breached that duty by criminal negligence;
The act which breached the duty of care was committed consciously, voluntarily and deliberately; and
The defendant’s breach of the duty caused the alleged victim to suffer a “serious injury”.
The maximum penalty
Level 6 imprisonment being a maximum of 5 years.
Where will my case be heard?
Negligently Causing Serious Injury cases will usually be heard in the County Court of Victoria. In some instances though, police will list the charge in the Magistrates Court. The Court of Appeal has indicated that when this charge is laid in relation to driving, the judiciary should treat the charge very seriously.
Questions to consider
Do you have a defence?
If you are pleading guilty, what can you do to minimise your sentence?
What to do next?
Obtain the services of an experienced criminal lawyer as soon as possible.
Preparation in relation to any matter is critical to achieving a positive outcome. Don’t leave it to the last minute.
If you have been charged with Negligently Causing Serious Injury contact us today and let us help you in preparing your matter.
The Legislation
Section 24 Negligently causing serious injury
A person who by negligently doing or omitting to do an act causes serious injury to another person is guilty of an indictable offence.
Penalty: Level 5 imprisonment (10 years maximum).
