What Is Recklessly Causing Injury?

If you have been charged with recklessly causing injury, it is important to understand what the prosecution must prove and how the offence differs from other assault charges. 

Recklessly causing injury is a serious criminal offence in Victoria and carries significantly higher penalties than common assault. Whether the charge can be proved will depend on the evidence and the particular circumstances of the incident.

What Does Recklessly Causing Injury Mean?

Recklessly causing injury is an offence under the Crimes Act 1958 (Vic). Unlike intentionally causing injury, the prosecution does not have to prove that you intended to injure another person.

Instead, the prosecution must prove that your actions caused an injury and that you were aware there was a real probability your conduct would result in injury, but you went ahead anyway.

In other words, the law distinguishes between deliberately trying to hurt someone and acting in a way that creates an obvious risk of causing injury.

What Is an Injury?

The term “injury” has a broad meaning under Victorian law.

It can include physical injuries such as bruises, cuts, swelling, fractures or other bodily harm. It can also include psychological injury in some circumstances, provided the legal requirements are satisfied.

Whether an injury has occurred will often be determined by medical evidence, photographs, witness statements and the surrounding circumstances.

How Is Recklessly Causing Injury Different From Intentionally Causing Injury?

Although the offences are similar, the mental element is different.

A charge of intentionally causing injury requires the prosecution to prove that the accused intended to cause the injury.

With recklessly causing injury, the prosecution only needs to establish that the accused recognised there was a real risk that injury would probably result from their actions and nevertheless continued with that conduct.

This distinction can become an important issue at a contested hearing or trial.

What Does the Prosecution Have to Prove?

Every criminal charge must be proved beyond reasonable doubt.

To secure a conviction for recklessly causing injury, the prosecution must prove that you caused the injury, that your conduct was unlawful, and that you acted recklessly according to the legal definition.

Evidence commonly relied upon includes witness statements, CCTV footage, body-worn camera footage, medical records, photographs, forensic evidence and any admissions made during a police interview.

If the prosecution cannot prove every element of the offence, you cannot be found guilty.

Are There Any Defences?

There are several defences that may apply, depending on the circumstances.

One of the most common is self-defence, where a person uses reasonable force to protect themselves or another person.

Other defences may arise where the injury was accidental, where the factual allegations are disputed, where the accused did not act recklessly, where identification is in dispute or where the prosecution evidence is unreliable.

Every case is different, and determining whether a defence exists requires careful analysis of the evidence.

What Are the Penalties?

Recklessly causing injury is treated seriously by Victorian courts.

The sentence imposed will depend on factors including the seriousness of the injury, the level of violence involved, whether a weapon was used, your criminal history, whether you pleaded guilty and your personal circumstances.

Depending on the circumstances, the court may impose a fine, a Community Corrections Order or a term of imprisonment. More serious examples of recklessly causing injury are significantly more likely to result in a custodial sentence.

Should You Plead Guilty?

Whether you should plead guilty depends on the evidence and the circumstances of your case.

Before deciding how to proceed, it is important to understand whether the prosecution can prove each element of the offence, whether any legal defences may apply and what sentencing options are available if you are convicted.

Obtaining legal advice early allows you to make informed decisions and ensures your case is properly prepared from the beginning.

Speak to Wilkinson Lawyers

If you have been charged with recklessly causing injury, obtaining legal advice as soon as possible is essential. At Wilkinson Lawyers, we regularly represent clients charged with assault and violence offences throughout Victoria. We can assess the prosecution evidence, advise you on any available defences and prepare your matter thoroughly, whether your case resolves by negotiation, a plea of guilty or a contested hearing.

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