Recklessly causing injury is one of the most commonly charged assault offences in the Victorian Magistrates’ Court. It is an offence under section 18 of the Crimes Act 1958 and, although indictable, is usually heard summarily. McMahon Criminal Defence Lawyers defends these charges at the Ballarat Magistrates’ Court and across Victoria on fixed fees.
What is Recklessly Causing Injury?
Under section 18 of the Crimes Act 1958, a person is guilty of this offence if, without lawful excuse, they recklessly cause injury to another person. “Recklessly” means the accused was aware that their conduct would probably cause injury, and went ahead regardless — it does not require an intention to injure. “Injury” has a broad legal meaning and includes physical injury and harm to mental health, whether temporary or permanent.
What the Prosecution Must Prove
- the complainant suffered an injury;
- the accused caused that injury;
- the accused was reckless — aware their conduct would probably cause injury; and
- there was no lawful excuse, such as self-defence.
Penalty and Jurisdiction
The maximum penalty is level 6 imprisonment (5 years). It is an indictable offence that can be, and usually is, heard summarily in the Magistrates’ Court for a stand-alone charge, where the maximum term for a single offence is lower. More serious or aggravated offending may proceed to the County Court. Sentencing outcomes range widely — from fines and adjourned undertakings through community correction orders to imprisonment — so the way a plea is prepared and presented matters a great deal.
Defending the Charge
- Self-defence — reasonable and proportionate force;
- No injury / causation in dispute — the injury was not caused by the accused, or does not meet the legal definition;
- Not reckless — the accused was not aware injury would probably result;
- Identification or factual dispute; and
- Negotiation — reduction to common assault, or resolution including diversion in suitable cases.
If you are facing this charge, contact us early. Your matter will start with a mention hearing, and in custody matters see our guide to bail. See also our main assault offences page and the related charge of intentionally causing injury.
Frequently Asked Questions
What is the difference between recklessly and intentionally causing injury?
Both are charged under section 18 of the Crimes Act 1958, but they are separate offences. Recklessly causing injury means you were aware your conduct would probably cause injury and went ahead anyway (maximum 5 years). Intentionally causing injury means you meant to cause the injury (maximum 10 years).
What does ‘injury’ mean for this charge?
Injury has a broad legal meaning. It includes physical injury and harm to mental health, and can be temporary or permanent. It covers things such as substantial pain, unconsciousness, or a wound — it does not need to be permanent or severe to qualify.
Will I go to jail for recklessly causing injury?
Not necessarily. Sentences range from fines and adjourned undertakings to community correction orders and, in serious cases, imprisonment. A stand-alone charge is usually heard in the Magistrates’ Court. The outcome depends heavily on the circumstances and how the plea is prepared and presented.
Can recklessly causing injury be reduced to a lesser charge?
In appropriate cases, yes. Through negotiation with the prosecution it may be possible to have the charge reduced — for example to common assault — particularly where the injury or recklessness is in dispute. This is assessed case by case.
Will this charge be heard in the Magistrates’ Court or a higher court?
A stand-alone charge of recklessly causing injury is usually heard summarily in the Magistrates’ Court. More serious or aggravated offending, or matters charged alongside more serious offences, may proceed to the County Court.
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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