Intentionally causing injury is a serious assault offence under section 18 of the Crimes Act 1958, carrying double the maximum penalty of its reckless counterpart. McMahon Criminal Defence Lawyers defends these charges at the Ballarat Magistrates’ Court and the County Court on fixed fees.
What is Intentionally Causing Injury?
Under section 18 of the Crimes Act 1958, a person is guilty of this offence if, without lawful excuse, they intentionally cause injury to another person. The distinguishing feature is the mental element: the accused must have intended to cause the injury, not merely been reckless as to it. “Injury” includes physical injury and harm to mental health, temporary or permanent. This offence replaced the old charge of “assault occasioning actual bodily harm”.
What the Prosecution Must Prove
- the complainant suffered an injury;
- the accused caused that injury;
- the accused intended to cause injury; and
- there was no lawful excuse, such as self-defence.
Penalty and Jurisdiction
The maximum penalty is level 5 imprisonment (10 years). It is an indictable offence that may be heard summarily in the Magistrates’ Court — where a single charge is subject to a lower maximum — or in the County Court for more serious offending. Sentencing data shows a real risk of imprisonment for this charge even in the summary jurisdiction, which makes experienced representation and a carefully prepared plea important.
Defending the Charge
- Self-defence — reasonable and proportionate force;
- No intent — the injury was not intended, which may reduce the charge to recklessly causing injury or common assault;
- Causation or injury in dispute;
- Identification or factual dispute; and
- Negotiated resolution — reduction of the charge or resolution through case conferencing.
If you are charged, contact us as early as possible. See our main assault offences page and the related charge of recklessly causing injury.
Frequently Asked Questions
What is the maximum penalty for intentionally causing injury?
The maximum is 10 years’ imprisonment (level 5) under section 18 of the Crimes Act 1958 — double the 5-year maximum for recklessly causing injury. A single charge heard summarily in the Magistrates’ Court is subject to a lower maximum term.
What’s the difference between this and recklessly causing injury?
Both are under section 18, but the mental element differs. Intentionally causing injury requires that you meant to cause the injury; recklessly causing injury requires only that you were aware injury would probably result. The intentional offence carries the higher maximum penalty.
Could the charge be reduced to a lesser offence?
Potentially. If intention cannot be proved, the charge may be reduced to recklessly causing injury or common assault. Whether this is achievable depends on the evidence and is a matter for negotiation with the prosecution.
Will I go to prison for intentionally causing injury?
There is a real risk of imprisonment, and sentencing data shows imprisonment is a common outcome even in the Magistrates’ Court. However, alternatives such as community correction orders are also imposed. The outcome turns on the circumstances and the strength of the plea presented.
Is self-defence available for this charge?
Yes. If you intentionally caused injury but did so using reasonable and proportionate force to defend yourself or another, self-defence is a complete defence. Its availability depends on the specific facts.
Get Expert Legal Advice — Fixed Fees, No Surprises
McMahon Criminal Defence Lawyers provides experienced, fixed-fee representation for this charge and all criminal matters, appearing at the Ballarat Magistrates’ Court and across Victoria. Contact us for a free, confidential initial consultation.
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