Have you been charged with Intentionally Causing Serious Injury in Circumstances of Gross Violence?

What does it mean to be charged with intentionally causing serious injury in circumstances of gross violence?

The charge under section 15A of the Crimes Act 1958 (“CA”)—”Causing serious injury intentionally in circumstances of gross violence”—is a serious indictable offence, carrying a maximum penalty of 20 years’ imprisonment. It involves the intentional infliction of serious injury, characterised by particularly heinous circumstances deemed to involve gross violence. These circumstances elevate the seriousness of the offence beyond standard assaults, signalling a more calculated or aggravated use of violence.

What must the prosecution prove?

To secure a conviction under this section, the prosecution must prove the following elements beyond reasonable doubt:

1. The victim sustained a serious injury, which typically involves significant physical harm or long-term impairment.
2. You intentionally caused the serious injury.
3. At least one of the listed circumstances of gross violence must be established, such as:
   • Pre-planning to cause serious injury or recklessness regarding the risk of injury.
   • Committing the offence in company with two or more others or as part of a joint criminal enterprise.
   • Using a weapon or continuing to cause harm after the victim was incapacitated.
   • Causing the injury while the victim was already incapacitated.

Each of these elements must be proven to establish the aggravated nature of the offence, distinguishing it from lesser violent crimes.

Penalties for intentionally causing serious injury:

In the case of Intentionally Causing Serious Injury, the maximum penalty is Level 3 imprisonment, which carries a maximum sentence of 20 years.

This reflects the severity of the offence, emphasising the serious nature of intentionally inflicting harm on another individual in grossly violent circumstances.

Where will my case be heard?

Cases involving the intentional causing of serious injury must be heard in either the County Court or the Supreme Court of Victoria.

These courts have the jurisdiction to handle serious indictable offences, ensuring that the legal proceedings are conducted at a level appropriate for the gravity of the charges.

Factors and defences to consider:

• Did you intentionally cause serious injury to someone?
• Did you act alone or with others?
• Were the victim’s injuries serious?
• Would the injuries constitute ‘gross violence’?
• Was this a pre-meditated attack?
• Were you acting in self-defence?
• Do you have any previous convictions of a similar nature?
• Do you have any mental health or cognitive impairment conditions?
• What were the surrounding circumstances of your offence?

This is a serious offence, carrying a serious punishment, it is vital you speak with a criminal defence lawyer who can tailor a defence strategy to your personal circumstances.

Factors and defences to consider:

• Did you intentionally cause serious injury to someone?
• Did you act alone or with others?
• Were the victim’s injuries serious?
• Would the injuries constitute ‘gross violence’?
• Was this a pre-meditated attack?
• Were you acting in self-defence?
• Do you have any previous convictions of a similar nature?
• Do you have any mental health or cognitive impairment conditions?
• What were the surrounding circumstances of your offence?

This is a serious offence, carrying a serious punishment, it is vital you speak with a criminal defence lawyer who can tailor a defence strategy to your personal circumstances.

What happens next?

Following the charge of intentionally causing serious injury in circumstances of gross violence, it is critical to seek legal advice as soon as possible. A lawyer can help you understand your rights, the potential outcomes of your case, and the best strategy to minimise the impact of the charges.

Don’t delay in preparing your defence. Early legal advice can be the key to a successful outcome. Ring MK Law on 1800 130 120 for expert advice and representation.