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Call for Submissions on the Maximum Penalty for Negligently Causing Serious Injury

The Council is seeking submissions on the adequacy of the current maximum penalty of five years’ imprisonment for the offence of negligently causing serious injury (‘NCSI’) under section 24 of the Crimes Act 1958 (Vic), particularly in relation to driving matters.

The offence of NCSI arises when it is established that a person:

1. did or omitted to do something
2. that this act or omission was culpably negligent
3. that the act or omission caused serious injury to another person.

NCSI commonly arises in the context of assaults or driving offences in circumstances where the victim is seriously injured, but is not killed.

The Council has prepared a brief Information Paper which provides information about the offence of NCSI and related offences in Victoria and other jurisdictions. It also provides information about sentencing patterns for NCSI and related offences in Victorian courts.

The Council is inviting submissions on four questions raised in the Information Paper. Submissions can be forwarded to Council by mail, fax or email, by Friday 3 August 2007.