Recklessly Cause Injury- Statutory Offence : CRIMES ACT 1958 -S 18

Elements Prosecution Must Prove

1. Accused caused injury to another.
2.
The injury was caused recklessly.
3.
The injury was caused without lawful excuse.

What is Recklessness?

Conduct is generally considered reckless if an accussed had foresight as to the probable consequences of their actions, and was indifferent as to whether or not those consequences occurred.

What is a lawful excuse?

Where an accused has a lawful justification, the offence will not be proved. Lawful justification includes self defence, which requires that the accussed has defended himself or another from unlawful violence in a manner that is proportional to the threat faced.

Sentencing

Recklessly Cause Injury is treated seriously by courts. Sentencing can involve a maximum of 5 years in prison, although a sentence of imprisonment is rarely imposed. The sentence is affected by jurisidictional issues, the degree of injury involved and the existence of mitigatory and agravating factors.

 

Related offences

  1. Affray
  2. Intentionally Cause Serious Injury
  3. Recklessly Cause Serious Injury
  4. Intentionally Cause Injury

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