Causing Injury and Affray

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Causing Serious Injury

Serious injury can be caused either intentionally under s.16 or recklessly under s.17.

The meaning of reckless is defined under the common law in R v Crabbe [1985] HCA 22 meaning a person must foresee the possibility or probability of the offence taking place. R v Crabbe [1985] HCA 22 involved a man charged with murder for running with his car into a Motel in Uluru and killing many people. It can also be caused negligently under s.24.

Causing Injury

The relevant offence can be found in s.18. Injury is less severe than ‘serious’ injury however it can be committed in the same ways either recklessly or intentionally.


A charge of affray is a common law offence, which has the following elements:

  1. A violent disturbance of the peace by one or more persons;
  2. In public or private; and
  3. In such circumstances as a bystander of reasonable firmness of character might reasonably be expected to be terrified.

It is recognised in statute s.320 and has a maximum penalty of 5 years. A person acting in self-defence is not guilty of an affray, while the attacking party might be. Interestingly, an affray cannot be consented to. A scenario that springs to mind is drunk youths consenting to fighting on the street. However, a boxing match is not necessarily an affray (see Palante v Stadiums Ltd (No 1) [1976] VR 331).

Should you require a lawyer please feel free to contact Grigor Lawyers. It is highly advisable in indictable matters that you contact a legal practitioner. Grigor Lawyers can can advise and represent you in these matters.


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