Reckeslly Cause Serious Injury- Statutory Offence : CRIMES ACT 1958 -S 17

Elements Prosecution Must Prove

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

What is reckless?

Recklessness requires an accussed to forsee the likely conseuqences of his actions, and display an indifference to whether or not the consequences occur.

What is a lawful excuse?

Where an accussed has a lawful justification, the offence will not be proved. Lawful justification includes self defence, and implied consent of the victim (in sports like boxing, for example). Self defence 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 Serious Injury is a less serious charge than Intentionally Cause Serious Injury, but is nonetheless treated very seriously by courts. Sentencing can involve a maximum of 15 years in prison, but fines and Community Corrections Orders are commonly 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. Intentionally Cause Injury
  4. Recklessly Cause Injury

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