Definition of Injury in Victoria in Criminal Cases

Definition of Injury in Victoria in Criminal Cases

The definition of injury changed in Victoria as of the 1st of July 2013.

Injury means:

  1. a) Physical injury; or
  2. b) Harm to mental health;

whether temporary or permanent.

Harm to mental health includes psychological harm but does not include an emotional reaction such as distress, grief, fear or anger unless it results in psychological harm;

Physical injury includes unconsciousness, disfigurement, substantial pain, infection with a disease and an impairment of bodily function.

Injury includes hysteria, pain and any substantial impairment of bodily function.

This definition is not as tough as the previous law.

However it should be noted that if the victim is an emergency worker on duty the law now provides minimum periods of actual jail unless the court finds that a special reason exists. These minimum terms are set out at section 10AA(4) of the Sentencing Act 1991. The term is not less than 6 months unless a special reason exists.

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