Victorian Current Acts

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Causing injury intentionally or recklessly

A person who, without lawful excuse, intentionally or recklessly causes injury to another person is guilty of an indictable offence.

Penalty:     If the injury was caused intentionally—level 5 imprisonment (10 years maximum);

If the injury was caused recklessly—level 6 imprisonment (5 years maximum).

Notes to s. 18 inserted by No. 69/2014 s. 8(5), amended by No. 28/2016 s. 6(4).


Note 1AA
to s. 18 inserted by No. 48/2018 s. 87(a).

1AA         An offence against this section is a category 1 offence under the Sentencing Act 1991 if the victim was an emergency worker on duty, a custodial officer on duty or a youth justice custodial worker on duty and the offender knew or was reckless as to whether the victim was such a person. See section 5(2G) of that Act for the requirement to impose a custodial order for this offence.

1     Section 10AA(4) of the Sentencing Act 1991 requires that a term of imprisonment of not less than 6 months be imposed for an offence against section 18 if a victim is an emergency worker on duty or a custodial officer on duty unless the court finds under section 10A of that Act that a special reason exists.

Note 2 to s. 18 amended by No. 48/2018 s. 87(b).

2         If a court makes a finding under section 10A of the Sentencing Act 1991 that a special reason exists, the requirements of section 10AA(4) of that Act do not apply and the court has full sentencing discretion. See also section 5(2G) of that Act.

S. 19 substituted by No. 10233 s. 8(2).

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