Assaults / Violence Offences – VIC
Welcome to the VIC Causing Serious Injury Recklessly in Circumstances of Gross Violence page. Here you will learn more about this criminal offence according to VIC law.
What the Law States According to VIC Law
Crimes Act 1958 – SECT 15B
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 participated in a joint criminal enterprise with 2 or more other persons in causing the serious injury;
(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.
What the Police Must Prove
(1) that the accused caused an injury to another person
(2) that the injury sustained was a serious injury
(3) that the circumstances of the offending involved gross violence such as –
(a) when the offending was committed in company with 2 or more persons
(b) when the accused intended to cause serious injury
(c) when the accused used a weapon to inflict the serious injury
(d) when the accused continued to cause injury while the other person was already incapacitated
Recklessly Cause Serious Injury in Circumstances of Gross Violence, Assault Causing Bodily Harm in Circumstances of Gross Violence
(1) Wrong Facts
(2) Identification Dispute
(3) Lack of Requisite Intent
(4) Self Defence
(5) Mental Impairment
(6) Others (depending on circumstances)
Which court will hear the matter
County Court or Higher Court
Further law information can be found on Melbourne Criminal Lawyers site (click here).