Causing Injury Charges in Melbourne
Being charged with recklessly or intentionally cause injury is a serious criminal matter in Victoria. These offences carry significant penalties and can have lasting consequences for your freedom, employment, and reputation. These offences are governed by section 18 of the Crimes Act 1958.
The maximum penalty of recklessly cause injury is 5 years imprisonment.
The maximum penalty of intentionally cause injury is 10 years imprisonment.
At Criminal Law Advice, we provide clear, strategic legal advice and strong representation for clients facing injury-related charges across Melbourne.
What is “Injury” in Victoria?
Pursuant to section 15 of the Crimes Act 1958, injury includes:
- Physical injury
- Harm to mental health
Types of Charges Under Section 18
There are two main offences:
1. Intentionally Cause Injury
This is the more serious form of the offence.
The prosecution must prove, beyond reasonable doubt:
- The complainant suffered an injury; and
- That the accused caused the injury: and
- That the accused intended to cause injury; and
- Your actions were unlawful (no lawful excuse such as self-defence)
2. Recklessly Cause Injury
The prosecution must prove:
- The complainant suffered an injury; and
- That the accused caused the injury: and
- That the accused was reckless about causing injury; and
- Your actions were unlawful (no lawful excuse such as self-defence)
Recklessness is where the accused knew their actions would probably result in injury, even if they did not specifically intend to cause that injury.
Examples of Cause Injury
- Punching someone and causing bruising or swelling
- Throwing an object that causes harm
- Engaging in a physical altercation leading to injury
- Conduct that causes psychological harm
Penalties
Causing injury offences are indictable and carry serious penalties, including:
- Diversion
- Adjourned Undertaking
- Fined
- Community Corrections Order
- Imprisonment
The exact penalty depends on factors such as:
- The severity of the injury
- Whether the offence was intentional or reckless
- Your prior criminal history
- The surrounding circumstances
Possible Defences
Every case turns on its facts, but common defences include:
- Self-defence
- Lack of intent
- Accident
- Duress
- Mistaken identity
Early legal advice is critical to assess your options and build a strong defence.
Court Process
These charges are often heard in the Magistrates’ Court, but more serious matters may proceed to County Court or Supreme Court.
The outcome of your case can be significantly influenced by:
- Early negotiations with the prosecution
- The strength of the evidence
- How your case is presented in court
What to Do If You Are Charged
If you are facing a causing injury charge in Melbourne:
- Do not participate in a police interview without legal advice
- Avoid contacting the alleged victim
- Preserve any relevant evidence (messages, CCTV, witnesses)
- Seek legal advice as early as possible
Frequently Asked Questions – recklessly or intentionally cause injury
What is the difference between intentional and reckless causing injury?
Intentional causing injury means you meant to cause harm. Reckless causing injury means you foresaw the risk of injury but went ahead anyway.
Do police need medical evidence to prove injury?
Not always. Injury can be proven through witness evidence, photographs, or the victim’s account, although medical evidence can strengthen the case.
Can I go to jail for causing injury?
Yes. These offences carry potential imprisonment, particularly for intentional causing injury or where the harm is more serious.
Will I get a criminal record?
A conviction can result in a criminal record. However, in some cases, the court may impose a non-conviction outcome depending on the circumstances. Considerations that are relevant for whether to record a conviction are contained in section 8 of the Sentencing Act 1991.
Can the charge be downgraded?
Yes. In some situations, a charge may be negotiated down to a less serious offence, depending on the evidence.Top of Form
Speak to a criminal lawyer
If you have been charged with recklessly or intentionally causing injury, getting the right advice early can make a significant difference.
Contact Criminal Law Advice today for confidential, expert legal advice and representation in Melbourne.
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