Intentionally or Recklessly Causing Injury (Vic)

The Victorian Crimes Act contains several offences relating to causing injury intentionally or recklessly. These are serious offences that can attract lengthy terms of imprisonment, with a mandatory minimum sentence applying in some circumstances.  This page outlines these offences and the penalties that apply.

Intention vs recklessness

Intention and recklessness are what is known as mental elements of an offence. They are the mens rea, or mental state, required for a person to be found guilty.

If a person has intention, they have the specific purpose of causing an outcome. This may be because they have consciously thought about it, or because the outcome is the natural result of their actions.

If a person is reckless, they do not have the specific intention to cause an outcome. Rather, they are indifferent as to the consequences or their actions.

Causing injury

Under section 18 of the Crimes Act 1958, a person is guilty of an indictable offence if they:

• intentionally cause injury to another person (maximum sentence imprisonment for 10 years)
• recklessly cause injury to another person (maximum sentence imprisonment for five years).

If the victim is an emergency worker, a custodial officer, or a youth justice custodial worker,  a term of imprisonment of not less than six months must be imposed.

Intentionally causing serious injury

Under section 16 of the Crimes Act 1958, a person who intentionally causes serious injury to another person is guilty of an indictable offence. This offence is punishable by a maximum of imprisonment for 20 years.

If the victim is an emergency worker, a custodial officer, or a youth justice custodial worker, a term of imprisonment with a non-parole period of not less than three years must be imposed. In other circumstances, the offender must receive a custodial term.

Recklessly causing serious injury

Under section 17 of the Crimes Act 1958,  a person who recklessly causes serious injury to another person is guilty of an indictable offence. This offence is punishable by a maximum of imprisonment for 15 years.

If the victim is an emergency worker, a custodial officer, or a youth justice custodial worker, a term of imprisonment with a non-parole period of not less than two years must be imposed. In other circumstances, the offender must receive a custodial term.

Intentionally causing injury – gross violence

Under section 15A of the Crimes Act 1958, a person who intentionally causes injury in circumstances of gross violence is guilty of an indictable offence. This offence is punishable by a maximum penalty of imprisonment for 20 years.

A custodial term must be imposed for this offence.

If the offence was planned in advance, a term of imprisonment with a non-parole period of not less than four years must be imposed, unless there is a special reason.  

If the victim is an emergency worker, a custodial officer, or a youth justice custodial worker, a term of imprisonment with a non-parole period of not less than five years must be imposed.  

Recklessly causing injury – gross violence

Under section 15B of the Crimes Act, a person who recklessly causes injury in circumstances of gross violence is guilty of an indictable offence. This offence is punishable by a maximum penalty of imprisonment for 20 years.

A custodial term must be imposed for this offence.

If the offence was planned in advance, a term of imprisonment with a non-parole period of not less than four years must be imposed, unless there is a special reason.  

If the victim is an emergency worker, a custodial officer, or a youth justice custodial worker, a term of imprisonment with a non-parole period of not less than five years must be imposed.  

Gross violence

Circumstances of gross violence includes conduct where the offender:

• planned in advance to engage in conduct and intended or was reckless as to whether it would cause serious injury, or where a reasonable person would have foreseen that it would cause serious injury; or
• caused serious injury together with two or more persons; or
• entered into an agreement with two or more persons to cause serious injury; or
• the offender used a weapon, having planned in advance to use a weapon; or
• the offender continued to cause injury to the other person after the other person was incapacitated; or
• the offender caused the serious injury while the other person was incapacitated.

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