ASSAULTS & INJURIES

Intentionally or Recklessly cause injury.

Section 18 of the Crimes Act 1958 carries the offences of causing injury intentionally or recklessly.

The difference between this charge and being charged with Assault, is that an injury resulted from the actions of the person charged with the offence.

“Injury” can be a physical (e.g. unconsciousness, disfigurement, substantial pain or impairment of a bodily function) or psychological injury (not including emotional distress). The injury can also be temporary or permanent.

PROOF, PENALTIES & DEFENCES.

Recklessly Cause Injury.

The prosecutor has to prove that you were reckless in that you were aware that your actions would probably cause injury and at the time it caused injury to another.

Defences:

  • that you were not reckless;
  • that there was no injury;
  • that you did not cause an injury;
  • that you had a lawful excuse such as self-defence.

Penalties: Maximum 5 years jail.

Intentionally Cause injury.

The prosecutor has to prove that you intended to cause injury to another.

Defences:

  • that your actions were not intentional;
  • that there was no injury;
  • that you did not cause an injury;
  • that you had a lawful excuse such as self-defence.

Penalties: Maximum 10 years jail.

CLIENTS WE’VE HELPED FOR THIS CHARGE.

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