Definition of Serious Injury in Victoria in Criminal Cases

Definition of Serious Injury in Victoria in Criminal Cases

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

Serious injury means:

1. a) An injury (including the cumulative effect of more than one injury) that –
2. i) Endangers life; or
3. ii) Is substantial and protracted;
4. b) The destruction, other than in the course of a medical procedure, of the foetus of a pregnant woman, whether or not the woman suffers any other harm.

It is important to note that where a serious injury involves a victim who 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(1) of the Sentencing Act 1991. If the injury was caused intentionally it is not less than three years.

However, if the injury was caused recklessly it is to be not less than two years.

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