ASSAULTS & INJURIES

Intentionally or Recklessly cause SERIOUS injury.

Section 16 and section 17 of the Crimes Act 1958 carries the offences of intentionally and recklessly causing serious injury respectively.

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

“Serious Injury” means an injury that endangers life, or is substantial and protracted, or destruction of a foetus.

If the person is an emergency worker on duty then there are mandatory jail terms unless a special reason exists.

PROOF, PENALTIES & DEFENCES.

Recklessly Cause Serious Injury.

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

Defences:

that you did not think your actions would probably cause a serious injury;
that there was no serious injury;
that you had a lawful excuse such as self-defence.

Penalties: Maximum 15 years jail.

Intentionally Cause Serious Injury.

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

Defences:

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

Penalties: Maximum 20 years jail.

CLIENTS WE’VE HELPED FOR THIS CHARGE.

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