Area of Law – Assaults / Violence Offences

An Article about Intentionally causing serious injury

Sentencing – Intentionally Causing serious injury
This is the worst assault charge not involving a death. It can not be heard in the Magistrates Court because of the serious nature of the charge.

There are generally alternative charges such as recklessly causing serious injury that are laid at the same time. This often means that there is room to negotiate a better outcome for a defendant.

Vis a vis manslaughter
An intentionally cause serious injury could get more than a manslaughter

R V Sa [2004] VSCA 182

Penalty of suspender even when very serious injury
Both victims suffered a number of injuries. Andrew Falls suffered chipped teeth, severe swelling to his cheeks, bruising and red marks to his torso and eyes and an 8 cm laceration on his posterior scalp that required sutures. David Falls suffered a fractured rib, bruising to the face, left eye, right forehand and right arm and a haematoma to the right eye. Victim impact statements prepared by both of them graphically demonstrate the violence of the assault, and the trauma to which both were subjected.

DPP v Snell [2005] VSCA 131 (23 May 2005)

(on Crown appeal 5 month sentence increased to 3 year sentence but wholly suspended)

Causing serious injury intentionally – Appeal by Director of Public Prosecutions – Whether sentence manifestly inadequate. 12 months wholly suspended for pouring burning liquid onto partner – appeal dismissed

DPP v Gebremeskel [2005] VSCA 171 (21 July 2005)

As with all cases, they turn on their particular circumstances and bland recitation of penalty is often fairly unhelpful. The best way of finding out what sort of penalty range an offence will carry is to telephone us, or come in and discuss your charges.

 

Date: 09/01/2009