Intentionally Cause Serious Injury- Statutory Offence : CRIMES ACT 1958 -S 16

Elements Prosecution Must Prove

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

What is intentional?

There is a distinction between an intention to cause seriious injury, and an intention to carry out an act which ends up causing serious injury. The prosecution must prove accussed had an intent to cause serious injury.

In the case where accussed can lead evidence that he did not realise the act might cause an injury, the prosecution has to rebut this.

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

Intentionally Cause Serious Injury is treated very seriously by courts. Sentencing can involve a maximum of 20 years in prison, and a sentence of imprisonment is usually imposed. The sentence is affected by jurisidctional issues, the degree of injury involved and the existence of mitigatory and agravating factors.

 

Related offences

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

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