Have you been charged with Recklessly 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.
The elements of the offence
The offence is found in section 15B of the Crimes Act 1958.
The prosecution must prove the following five elements beyond reasonable doubt for an accused to be found guilty of this offence:
- The complainant suffered a serious injury.
- The accused caused the complainant’s serious injury.
- The accused was aware that his/her acts would probably cause serious injury to the complainant.
- The accused caused the complainant’s serious injury in circumstances of gross violence.
- The accused acted without lawful justification or excuse.
See ‘What is Injury?’ for more on the definition of injury and serious injury.
What is gross violence?
To convict an accused person of this offence, the prosecution must prove that the accused caused serious injury in circumstances of gross violence.
Circumstances of gross violence are defined in the Crimes Act 1958, section 15B(2) as one or more of the following:
- The offender planned in advance to engage in conduct and at the time of the planning-
- The offender intended that the conduct would cause a serious injury; or
- The offender was reckless as to whether the conduct would cause a serious injury; or
- A reasonable person would have foreseen that the conduct would be likely to result in a serious injury;
- The offender, in company with 2 or more other persons, caused the serious injury;
- The offender entered into an agreement, arrangement or understanding with 2 or more other persons to cause a serious injury;
- The offender planned in advance to have with them and to use an offensive weapon, firearm or imitation firearm and, in fact, used the offensive weapon, firearm or imitation firearm to cause serious injury;
- The offender continued to cause injury to the other person after the other person was incapacitated;
- The offender caused the serious injury to the other person while the other person was incapacitated.
Alternative offences
Recklessly causing serious injury is a statutory alternative to recklessly causing serious injury in circumstances of gross violence (Crimes Act 1958 s 422).
Therefore, if on the trial of an accused person charged with recklessly causing serious injury in circumstances of gross violence, the jury is not satisfied that the accused is guilty of the offence charged but is satisfied that the accused is guilty of an offence of recklessly causing serious injury (s 17), the accused may be liable to punishment accordingly (s 422).
The penalty
The maximum penalty for recklessly causing serious injury in circumstances of gross violence is Level 4 imprisonment (15 years maximum).
Furthermore, as a Category 1 offence under the Sentencing Act 1991 (Vic), a court must impose a term of imprisonment and fix under s 11 a non-parole period of not less than 4 years unless the court finds under section 10A that a special reason exists (s 10).
Note, if the victim is an on duty emergency worker, a custodial office or a youth justice custodial worker, the mandatory minimum non-parole period is 5 years.
See Mandatory Minimum Sentences for more.
Examples of sentencing outcomes
The case, DPP v Johns, revolved around a collision between a Toyota Camry driven by the accused (Johns) and a truck carrying 35,000 litres of canola oil driven by Robert Stocks. The collision resulted in serious injury to Stocks and extensive damage to the truck and trailer. Johns was charged with several offences arising from the collision, including recklessly causing serious injury to Stocks in circumstances of gross violence and intentionally destroying property, namely, the truck and trailer.
Johns and Stocks were known to each other and had been in a sexual relationship for some time, a fact that was a matter of significant discord between them.
Johns was convicted of charges of recklessly causing serious injury in circumstances of gross violence and criminal damage in the County Court before a judge and jury. The sentencing judge was required to impose a term of imprisonment and fix a non-parole period of not less than four years unless a special reason was determined.
The accused was sentenced to 7 years imprisonment with a five-year non-parole period and a four-year licence disqualification period. (An individual sentence of 6 years imprisonment was applied to the offence of recklessly causing serious injury in circumstances of gross violence).
The case revolved around an incident in which a disagreement led to the accused (Abiel), while intoxicated and angry, throwing his friend’s brother (the victim) down a flight of stairs. Abiel then attempted to cut the victim’s throat with a can lid and threatened to kill him. The victim, severely injured and incapacitated, managed to call for help. When the police arrived, they found the victim in a critical condition and Abiel nearby. The victim’s injuries were severe, including a ‘C3/C4 disco ligamentous spinal injury with cord compression and swelling,’ and he now requires lifelong care.
The offender pleaded guilty to causing serious injury recklessly in circumstances of gross violence, making a threat to kill and to a related summary offence of possessing a drug of dependence. The offender was sentenced to four years and six months imprisonment for causing serious injury recklessly in circumstances of gross violence, four years imprisonment for making a threat to kill, and fined $200 for possessing a drug of dependence. The court directed that one year of the sentence on the charge of making a threat to kill be served cumulatively upon the sentence for causing serious injury recklessly in circumstances of gross violence, resulting in a total effective sentence of five years and six months, with a non-parole period of four 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
Causing serious injury recklessly in circumstances of gross violence
(1) A person must not, without lawful excuse, recklessly cause serious injury to another person in circumstances of gross violence.
Penalty: Level 4 imprisonment (15 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 entered into an agreement, arrangement or understanding with 2 or more other persons to cause a serious injury;
Note
See Subdivision (1) (Complicity in commission of offences) of Division 1 of Part II.
(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.
Notes
1 See section 422(2) for an alternative verdict.
2 An offence against subsection (1) is a category 1 offence under the Sentencing Act 1991 . See section 5(2G) of that Act for the requirement to impose a custodial order for this offence.
3 See section 10 of the Sentencing Act 1991 for the requirement that a term of imprisonment be imposed for an offence against section 15B(1) and that a non-parole period of not less than 4 years be fixed under section 11 of that Act unless the court finds under section 10A of that Act that a special reason exists.
4 If a victim was an emergency worker on duty, a custodial officer on duty or a youth justice custodial worker on duty, see section 10AA(1) of the Sentencing Act 1991 for the requirement that a non-parole period of not less than 5 years be fixed unless the court finds under section 10A of that Act that a special reason exists.
