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Recklessly Causing Serious Injury In Circumstances Of Gross Violence

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  • Aggravated Assault
  • Wilful Damage
  • Common Assault
  • Public Display of a Nazi Symbol or the Nazi Salute
  • Harassing a Witness
  • Recklessly Causing Serious Injury In Circumstances Of Gross Violence
  • Affray Charges In Victoria
  • Intentionally Causing Serious Injury in Circumstances of Gross Violence
  • Intentionally causing Serious Injury
  • Recklessly Causing Serious Injury
  • Intentionally Causing Injury
  • Administering Certain Substances
  • Threats to Kill and Assault Offences
  • Stalking
  • Negligently Causing Serious Injury
  • Extortion With Threat to Kill
  • Extortion, With Threats to Destroy and/or Endanger Property
  • Threatening to Prevent Arrest
  • Using a Firearm in the Commission of an Offence
  • Being Armed with Criminal Intent
  • Kidnapping
  • Robbery
  • Armed Robbery
  • Aggravated Burglary
  • Home Invasion
  • Aggravated Home Invasion
  • Arson
  • Criminal Damage
  • False Imprisonment
  • Public Nuisance
  • Riot
  • Rout Offence
  • Unlawful Assembly
  • Intentionally Causing a Very Serious Disease
  • Carjacking
  • Aggravated Carjacking

Have You Been Charged with Recklessly Causing Serious Injury in Circumstances of Gross Violence?

Under s15B of the Crimes Act 1985 (β€œCA”), facing a charge of reckless injury in gross violence circumstances can be daunting. The criminal justice systemβ€”comprising police, prosecutors, courts, and judgesβ€”can be especially challenging for those unfamiliar with it, particularly first-time or unrepresented defendants. This system primarily safeguards the interests of the public and prosecution. Prompt and skilled legal guidance is critical due to the need to preserve evidence (such as witness statements) and evaluate both aggravating and mitigating factors that may influence the case outcome. Seeking representation from us early on can significantly impact the result.

Understanding the Offense of Recklessly Causing Serious Injury in Circumstances of Gross Violence:

This serious offense, defined in section 15B of the Crimes Act 1958, involves causing serious injury to another person recklessly (with awareness of potential harm) and in a manner classified as gross violence, which often includes acting in a group or using a weapon.

Related Offenses Under the Crimes Act (Involving Serious Injury):

  • Section 15A: Intentionally causing serious injury in circumstances of gross violence
  • Section 16: Intentionally causing serious injury
  • Section 17: Recklessly causing serious injury
  • Section 23: Conduct endangering persons
  • Section 24: Negligently causing serious injury
  • Section 422: Recklessly causing serious injury
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In some instances, a person charged with multiple offenses need not plead guilty to each, as some charges may be considered as alternative outcomes if the primary charge cannot be proven.

For more information on these specific offences please see our other website publications

Examples of Recklessly Causing Serious Injury in Circumstances of Gross Violence

This charge can arise from a wide variety of situations, such as:

  • A confrontation during a sports game that results in serious harm to another participant.
  • A blow to someone’s head, unknowingly causing permanent brain damage.

What to Expect in a Police Interview

If accused of this offense, the police may request a formal interview. At this stage, they may already have gathered significant evidence, such as witness and victim statements. Prior to this interview, you’re entitled to seek legal advice and representation. We can offer immediate, confidential guidance on your rights, whether you should provide a statement, and what to expect in the interview. Our experienced lawyers can accompany you to ensure you are well-prepared and to help protect your defence strategy.

Key Considerations Before Deciding to Plead Guilty or Not Guilty

When deciding on your plea, it’s essential to evaluate factors such as:

  • The strength of the prosecution’s case
  • Whether the injury qualifies as β€œserious”
  • The nature of your involvement and intent
  • Whether there were co-defendants
  • Any potential defences that may justify your actions
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These elements, and more, must be considered to ensure the best possible approach to your case.

Where will my case be heard?

Recklessly causing serious injury in circumstances of gross violence is an indictable offense, typically heard in the higher courts, such as the County or Supreme Courts of Victoria.

Factors and defences to consider:

Defense law

If pleading not guilty, there are several defences that may apply, depending on the specifics of your case:

  • Failure to meet the legal burden:

If the prosecution can’t prove all elements beyond a reasonable doubt.

  • The injury was not serious:

Disputing the severity of the injury.

  • Lack of recklessness:

Arguing that you did not foresee serious injury as a probable outcome of your actions.

  • Absence of gross violence:

Arguing that the conduct doesn’t meet the legal standard for gross violence.

  • Defences based on mental impairment, duress, automatism, consent, self-defence, or alibi:

Depending on your situation, various defences may challenge the charges.

Every case is unique and benefits from a personalised approach. Our team is skilled in preparing thorough defence strategies and evaluating the most appropriate legal responses.

Defense law
  • Aggravated Assault
  • Wilful Damage
  • Common Assault
  • Public Display of a Nazi Symbol or the Nazi Salute
  • Harassing a Witness
  • Recklessly Causing Serious Injury In Circumstances Of Gross Violence
  • Affray Charges In Victoria
  • Intentionally Causing Serious Injury in Circumstances of Gross Violence
  • Intentionally causing Serious Injury
  • Recklessly Causing Serious Injury
  • Intentionally Causing Injury
  • Administering Certain Substances
  • Threats to Kill and Assault Offences
  • Stalking
  • Negligently Causing Serious Injury
  • Extortion With Threat to Kill
  • Extortion, With Threats to Destroy and/or Endanger Property
  • Threatening to Prevent Arrest
  • Using a Firearm in the Commission of an Offence
  • Being Armed with Criminal Intent
  • Kidnapping
  • Robbery
  • Armed Robbery
  • Aggravated Burglary
  • Home Invasion
  • Aggravated Home Invasion
  • Arson
  • Criminal Damage
  • False Imprisonment
  • Public Nuisance
  • Riot
  • Rout Offence
  • Unlawful Assembly
  • Intentionally Causing a Very Serious Disease
  • Carjacking
  • Aggravated Carjacking

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What happens next?

When you contact MK Law, we begin with a confidential consultation to understand your situation, answer initial questions, and outline your legal options. Our team then conducts a detailed assessment of the charges and evidence to develop a customised strategy.

We guide you through each stage of the process, from preparing for police interviews to representing you in court, ensuring you understand your rights and obligations along the way. With regular updates and open communication, we provide robust advocacy in court to achieve the best possible outcome.

Even after your case concludes, we’re available to support you with any post-resolution needs, helping you move forward confidently. For assistance, contact us at 1800 130 120.

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