How serious is Intentionally Causing Serious Injury? What’s the maximum penalty and which Melbourne Court hears this charge?
Intentionally Causing Serious Injury is among the list of very serious offences that typically carries a gaol term. It is an indictable offence and is heard in the County Court. Generally, the Court assigned to handle a particular case reflects the seriousness of a criminal offending. A maximum penalty of 20-year imprisonment may be imposed to anyone found guilty of Intentionally Causing Serious Injury.
The legislation on Intentionally Causing Serious Injury
Section 16 of the Crimes Act 1958 is the relevant law for Intentionally Causing Serious Injuryand is as follows:
Causing serious injury intentionally
A person who, without lawful excuse, intentionally causes serious injury to another person is guilty of an indictable offence.
Penalty: Level 3 imprisonment (20 years maximum).
Pleading guilty or not guilty to Intentionally Causing Serious Injury in a Melbourne Court
Should you plead guilty to an Intentionally Causing Serious Injury charge? This is a very serious question that you must discuss with a criminal defence solicitor. It is often inevitable for you to face negative consequences once you are proven guilty in Court. Talking with a qualified legal professional is the first and wisest step you can do after receiving your summons.
Elements of the charge of Intentionally Causing Serious Injury in a Melbourne Court
Several elements must be proven by the Prosecution in order to show to the Court that Intentionally Causing Serious Injury has been committed. First, it must be proven that the accused caused a serious injury to another person. Second, it is has to be established that the act of causing injury was intentional. And third, the accused must not have any lawful excuse for causing the serious injury. The serious injury must also be consistent with its definition found under section 15 of the Crimes Act 1958.
Defending the charge of Intentionally Causing Serious Injury in a Melbourne Court
Lawyers may consider various criminal defences in defending a person charged with Intentionally Causing Serious Injury. Possible defences include duress, necessity, lack of intent, mental impairment, self defence, and factual and identification disputes.
For more information on Intentionally Causing Serious Injury, you may visit the Australian Defence Lawyers Association site (click here) and also the Doogue & O’Brien Melbourne Criminal Lawyers site (here).
Doogue & O’Brien Melbourne can provide you more detail about this
Our Head Office is at 5/221 Queen Street, Melbourne
Phone (03) 9670 5111 (24 hrs if you are in a Police Station)
This article was written on July 30, 2012 and relates to the law that it stands at this time.