What Is Intentionally Causing Injury?

If you have been charged with intentionally causing injury, it is important to understand what the prosecution must prove and how this offence is treated by the courts. 

Intentionally causing injury is a serious criminal offence in Victoria and is more serious than common assault or unlawful assault, because it involves an allegation that the accused deliberately caused an injury to another person.

What Is Intentionally Causing Injury?

Intentionally causing injury is an offence under the Crimes Act 1958 (Vic). To secure a conviction, the prosecution must prove beyond reasonable doubt that you caused an injury to another person and that you intended to cause that injury.

The prosecution does not have to prove that you intended to cause a serious injury. It is enough if they can establish that you intended to cause some form of physical or psychological injury.

Because intention is a person’s state of mind, it is usually inferred from their actions and the surrounding circumstances rather than direct evidence.

What Is an Injury?

The legal definition of an injury is broader than many people realise.

An injury can include cuts, bruising, swelling, fractures or other physical harm. In some circumstances, it can also include psychological harm if it satisfies the legal requirements.

The prosecution will often rely on medical records, photographs, witness statements and expert evidence to establish that an injury occurred.

How Is This Different From Recklessly Causing Injury?

The key difference between the two offences is intention.

For intentionally causing injury, the prosecution must prove that the accused meant to cause an injury.

For recklessly causing injury, the prosecution only needs to prove that the accused recognised there was a real risk that their actions would probably cause an injury and proceeded regardless.

Although the distinction may appear subtle, it is often one of the central issues in contested assault cases.

What Does the Prosecution Have to Prove?

The prosecution bears the burden of proving every element of the charge beyond reasonable doubt.

This includes proving that you caused the injury, that your actions were unlawful and that you intended to cause the injury.

Evidence may include witness statements, CCTV footage, body-worn camera footage, medical evidence, photographs, forensic material and any admissions made during a police interview.

If there is a reasonable doubt about any element of the offence, you are entitled to be found not guilty.

Are There Any Defences?

There are several legal defences that may apply, depending on the facts of the case.

One of the most common is self-defence. If you used reasonable force to defend yourself or another person, the charge may not be made out.

Other cases may involve accidental injury, mistaken identity, disputes about what occurred or insufficient evidence to prove intention beyond reasonable doubt.

Every case should be assessed on its own facts before deciding whether to plead guilty or contest the charge.

What Are the Penalties?

Intentionally causing injury is a serious offence and can result in significant penalties.

When deciding upon the appropriate sentence, the court will consider the nature of the offending, the seriousness of the injuries, whether a weapon was used, your criminal history, your personal circumstances, whether you pleaded guilty and your prospects of rehabilitation.

Depending on the circumstances, sentencing options may include a fine, a Community Corrections Order or a term of imprisonment. More serious examples of intentionally causing injury are substantially more likely to result in a custodial sentence.

Should You Plead Guilty?

Whether you should plead guilty depends on the strength of the prosecution case and the circumstances surrounding the alleged offence.

Before making that decision, it is important to obtain legal advice about whether the prosecution can prove the charge, whether any legal defences are available and what sentencing outcome is likely if you are convicted.

Early legal advice allows you to make informed decisions and ensures your case is properly prepared.

Speak to Wilkinson Lawyers

If you have been charged with intentionally causing injury, obtaining experienced legal representation as early as possible is important. At Wilkinson Lawyers, we regularly act for clients facing assault and violence charges throughout Victoria. We can advise you on the strength of the prosecution case, identify any available defences and prepare your matter thoroughly to achieve the best possible outcome.

Contact Jess Wilkinson on 0468 364 121 or jess@wilkinsonlawyers.com.au to discuss your matter and obtain advice about the best way forward.