Sentencing Snapshot no. 266 describes sentencing outcomes for the offence of causing injury recklessly in the County and Supreme Courts of Victoria from 2016-17 to 2020-21.
This is the most recent Snapshot for this offence.
You can also access statistics for causing injury recklessly on SACStat.
Authored and published by the Sentencing Advisory Council
© State of Victoria, Sentencing Advisory Council, 2021
Snapshot 266: Causing Injury Recklessly
Introduction
This Sentencing Snapshot describes sentencing outcomes[1] for the offence of causing injury recklessly[2] in the County and Supreme Courts of Victoria (the higher courts) from 2016-17 to 2020-21.[3] Adjustments made by the Court of Appeal to sentence or conviction as at June 2021 have been incorporated into the data in this Snapshot.
Detailed data on causing injury recklessly and other offences is available on Sentencing Advisory Council Statistics (SACStat).
A person who recklessly causes injury to another person without lawful excuse is guilty of this offence. Causing injury recklessly is an indictable offence triable summarily[4] that carries a maximum penalty of 5 years’ imprisonment and/or a fine of 1,200 penalty units.[5]
If the offence was committed on or after 28 October 2018 and the victim was on duty as an emergency worker, custodial officer or youth justice worker, it is a Category 1 offence, meaning courts must almost always impose a custodial sentence.[6]
This Snapshot focuses on cases where causing injury recklessly was the principal offence, that is, cases where causing injury recklessly was the offence that received the most severe sentence.[7]
Causing injury recklessly was the principal offence in 2.1% of cases sentenced in the higher courts between 2016-17 and 2020-21.
People sentenced
From 2016-17 to 2020-21, 177 people were sentenced in the higher courts for a principal offence of causing injury recklessly.
Figure 1 shows the number of people sentenced for the principal offence of causing injury recklessly by financial year. The number of people sentenced was highest in 2016-17 (44 people) and lowest in 2020-21 (23 people). The relatively low number of people sentenced for this offence in 2020-21 was probably influenced by the COVID-19 pandemic, which caused delays in court proceedings from March 2020 and throughout the 2020-21 financial year.
Figure 1: The number of people sentenced for causing injury recklessly by financial year
| Financial Year | Total |
|---|---|
| 2016-17 | 44 |
| 2017-18 | 30 |
| 2018-19 | 40 |
| 2019-20 | 40 |
| 2020-21 | 23 |
| Total | 177 |
Sentence types and trends
Figure 2 shows the proportion of people who received a custodial or non-custodial sentence for the principal offence of causing injury recklessly.
A custodial sentence involves at least some element of immediate imprisonment or detention.[8] The rate of custodial sentences was lowest in 2016-17 (47.7%) and highest in 2019-20 (72.5%). Over the five-year period, 56.5% of people were given a custodial sentence.
Figure 2: The percentage of people who received a custodial sentence and non-custodial sentence for causing injury recklessly by financial year
| Financial Year | Immediate custodial sentence | Non-custodial sentence |
|---|---|---|
| 2016-17 | 47.7% | 52.3% |
| 2017-18 | 53.3% | 46.7% |
| 2018-19 | 55.0% | 45.0% |
| 2019-20 | 72.5% | 27.5% |
| 2020-21 | 52.2% | 47.8% |
| Total | 56.5% | 43.5% |
Table 1 shows the principal sentence imposed for the principal offence of causing injury recklessly from 2016-17 to 2020-21.[9] The principal sentence is the most serious sentence imposed for the charge that is the principal offence.[10] The availability of different sentence types has changed over time. Most notably, wholly and partially suspended sentences have now been abolished for offences committed after a certain date.[11] Changes to community correction orders may have also influenced sentencing trends over the five years covered by this Snapshot.[12]
Over the five-year period, more than 70% of all people sentenced for causing injury recklessly as the principal offence received a principal sentence of imprisonment (53.7% or 95 of 177 people). The rate of imprisonment sentences was highest in 2019-20 (70.0%) and lowest in 2016-17 (43.2%).
Table 1: The number and percentage of people sentenced for causing injury recklessly by principal sentence type and financial year
| Sentence type | 2016-17 | 2017-18 | 2018-19 | 2019-20 | 2020-21 | Total (2016-17 to 2020-21) |
|---|---|---|---|---|---|---|
| Imprisonment | 19 (43.2%) | 15 (50.0%) | 21 (52.5%) | 28 (70.0%) | 12 (52.2%) | 95 (53.7%) |
| Community correction order | 18 (40.9%) | 14 (46.7%) | 12 (30.0%) | 7 (17.5%) | 7 (30.4%) | 58 (32.8%) |
| Youth justice centre order | 1 (2.3%) | 1 (3.3%) | 1 (2.5%) | 1 (2.5%) | 0 (0.0%) | 4 (2.3%) |
| Fine | 0 (0.0%) | 0 (0.0%) | 3 (7.5%) | 2 (5.0%) | 1 (4.3%) | 6 (3.4%) |
| Other | 6 (13.6%) | 0 (0.0%) | 3 (7.5%) | 2 (5.0%) | 3 (13.0%) | 14 (7.9%) |
| Total people sentenced | 44 | 30 | 40 | 40 | 23 | 177 |
Principal and total effective sentences of imprisonment
The principal sentence describes sentences for the offence at a charge level (as described in the previous section). The total effective sentence describes sentences at a case level.
The total effective sentence in a case with multiple charges receiving imprisonment is the sentence that results from the court ordering the individual sentences of imprisonment to be served concurrently (at the same time) or wholly or partially cumulatively (one after the other). The total effective sentence in a case with a single charge is the principal sentence.
Therefore, where a case involves multiple charges, the total effective sentence imposed on a person is sometimes longer than the principal sentence. Principal sentences for causing injury recklessly must be considered in this broader context.
The following sections analyse the use of imprisonment for the offence of causing injury recklessly from 2016-17 to 2020-21.
Principal sentence of imprisonment
Table 2 shows that a total of 95 people received a principal sentence of imprisonment for causing injury recklessly. Of these, 46 (48.4%) received a non-aggregate term of imprisonment and 49 (51.6%) received an aggregate term.[13] There were 41 people who received a community correction order in addition to their term of imprisonment.
Table 2: The number and percentage of people sentenced to imprisonment for causing injury recklessly by sentence type and financial year
| Type of imprisonment sentence | 2016-17 | 2017-18 | 2018-19 | 2019-20 | 2020-21 | Total (2016-17 to 2020-21) |
|---|---|---|---|---|---|---|
| Imprisonment | 4 (21.1%) | 4 (26.7%) | 11 (52.4%) | 11 (39.3%) | 4 (33.3%) | 34 (35.8%) |
| Mix (imprisonment and community correction order) | 1 (5.3%) | 2 (13.3%) | 2 (9.5%) | 4 (14.3%) | 2 (16.7%) | 11 (11.6%) |
| Mix (imprisonment and fine) | 0 (0.0%) | 0 (0.0%) | 0 (0.0%) | 1 (3.6%) | 0 (0.0%) | 1 (1.1%) |
| Total non-aggregate imprisonment | 5 (26.3%) | 6 (40.0%) | 13 (61.9%) | 16 (57.1%) | 6 (50.0%) | 46 (48.4%) |
| Aggregate imprisonment | 6 (31.6%) | 2 (13.3%) | 4 (19.0%) | 6 (21.4%) | 1 (8.3%) | 19 (20.0%) |
| Mix (aggregate imprisonment and community correction order) | 8 (42.1%) | 7 (46.7%) | 4 (19.0%) | 6 (21.4%) | 5 (41.7%) | 30 (31.6%) |
| Total aggregate imprisonment | 14 (73.7%) | 9 (60.0%) | 8 (38.1%) | 12 (42.9%) | 6 (50.0%) | 49 (51.6%) |
| Total people sentenced to imprisonment | 19 | 15 | 21 | 28 | 12 | 95 |
Figure 3 shows the length of imprisonment for the 46 people who received a non-aggregate term. Imprisonment terms ranged from 1 month and 15 days to 4 years,[14] while the median length of imprisonment was 1 year and 6 months (meaning that half of the imprisonment terms were below 1 year and 6 months and half were above).
The most common range of imprisonment terms was 1 to less than 2 years (14 people).
Figure 3: The number of people sentenced to imprisonment for causing injury recklessly by length of imprisonment term, 2016-17 to 2020-21
| Imprisonment length | Number of people |
|---|---|
| Less than 1 year | 12 |
| 1 to less than 2 years | 14 |
| 2 to less than 3 years | 11 |
| 3 to less than 4 years | 7 |
| 4 to less than 5 years | 2 |
| Total | 46 |
Figure 4 shows the average length of imprisonment imposed on people sentenced for causing injury recklessly. The average imprisonment term decreased overall, from 2 years and 9 months in 2016-17 to 10 months in 2020-21. Over the five years, the average length of imprisonment for causing injury recklessly was 1 year and 9 months.
Figure 4: The average length of imprisonment imposed on people sentenced for causing injury recklessly, by financial year
| Financial year | Number of people | Average length of imprisonment term |
|---|---|---|
| 2016-17 | 5 | 2 years and 9 months |
| 2017-18 | 6 | 1 year and 4 months |
| 2018-19 | 13 | 2 years and 2 months |
| 2019-20 | 16 | 1 year and 4 months |
| 2020-21 | 6 | 0 years and 10 months |
Other offences finalised at the same hearing
Sometimes people prosecuted for causing injury recklessly face multiple charges, which are finalised at the same hearing. This section looks at the range of offences that offenders were sentenced for alongside the principal offence of causing injury recklessly.
Figure 5 shows the number of people sentenced for the principal offence of causing injury recklessly by the total number of sentenced offences per person. The number of sentenced offences per person ranged from 1 to 54, and the median was 3 offences. There were 32 people (18.1%) sentenced for the single offence of causing injury recklessly. The average number of offences per person was 5.1.
Figure 5: The number of people sentenced for the principal offence of causing injury recklessly by the number of sentenced offences per person, 2016-17 to 2020-21
| Number of offences | Number of people |
|---|---|
| 1 | 32 |
| 2 | 43 |
| 3 | 21 |
| 4 | 20 |
| 5-9 | 39 |
| 10-19 | 17 |
| 20-49 | 4 |
| 50-99 | 1 |
| Total | 177 |
Table 3 shows the 10 most common offences, by number and percentage, for people sentenced for causing injury recklessly. The last column sets out the average number of offences sentenced per person. For example, 38 of the total 177 people (21.5%) were also sentenced for intentionally damaging property. On average, they were sentenced for 2.2 charges of intentionally damaging property.
Table 3: The number and percentage of people sentenced for the principal offence of causing injury recklessly by the most common offences that were sentenced and the average number of those offences that were sentenced, 2016-17 to 2020-21
| Offence | Number of cases | Percentage of cases | Average number of proven offences per case |
|---|---|---|---|
| 1. Causing injury recklessly | 177 | 100.0% | 1.3 |
| 2. Aggravated burglary | 45 | 25.4% | 1.0 |
| 3. Intentionally damage property | 38 | 21.5% | 2.2 |
| 4. Theft | 26 | 14.7% | 2.4 |
| 5. Commit an indictable offence while on bail | 26 | 14.7% | 1.4 |
| 6. Common law assault | 22 | 12.4% | 1.7 |
| 7. Unlawful assault | 22 | 12.4% | 1.5 |
| 8. Contravene a conduct condition of bail | 14 | 7.9% | 1.7 |
| 9. Possess a drug of dependence | 13 | 7.3% | 1.0 |
| 10. Armed robbery | 12 | 6.8% | 2.4 |
| People sentenced | 177 | 100.0% | 5.1 |
Total effective imprisonment terms
Figure 6 shows the 95 people sentenced to imprisonment for causing injury recklessly by length of their total effective sentence. Total effective sentences ranged from 1 month and 15 days to 8 years, while the median total effective sentence was 1 year and 4 months (meaning that half of the total effective sentences were below 1 year and 4 months and half were above).
The most common range of total effective sentences was less than 1 year (35 people).
Figure 6: The number of people sentenced to imprisonment for causing injury recklessly by length of total effective sentence, 2016-17 to 2020-21
| Total effective imprisonment length | Number of people |
|---|---|
| Less than 1 year | 35 |
| 1 to less than 2 years | 23 |
| 2 to less than 3 years | 12 |
| 3 to less than 4 years | 9 |
| 4 to less than 5 years | 3 |
| 5 to less than 6 years | 9 |
| 6 to less than 7 years | 2 |
| 7 to less than 8 years | 1 |
| 8 to less than 9 years | 1 |
| Total | 95 |
Non-parole period
If a person is sentenced to a term of immediate imprisonment of less than 1 year, the court cannot impose a non-parole period. For terms between 1 year and less than 2 years, the court has the discretion to fix a non-parole period. For terms of imprisonment of 2 years or more, the court must impose a non-parole period in most circumstances. If the court fixes a non-parole period, the person must serve that period before becoming eligible for parole. If the court does not set a non-parole period, the person must serve the entirety of their imprisonment term in custody.
Of the 95 people sentenced to imprisonment for causing injury recklessly, 60 were eligible to have a non-parole period fixed. Of these people, 36 were given a non-parole period (60.0%).[15]
Figure 7 shows the number of people sentenced to imprisonment for causing injury recklessly, by length of non-parole period. Non-parole periods ranged from 1 year to 6 years, while the median non-parole period was 2 years, 2 months and 15 days (meaning that half of the non-parole periods were below 2 years, 2 months and 15 days and half were above).
The most common range of non-parole periods was 1 to less than 2 years (12 people). The most common outcome was no non-parole period (59 people).
Figure 7: The number of people sentenced to imprisonment for causing injury recklessly by length of non-parole period, 2016-17 to 2020-21
| Non-parole period | Number of people |
|---|---|
| 1 to less than 2 years | 12 |
| 2 to less than 3 years | 9 |
| 3 to less than 4 years | 11 |
| 4 to less than 5 years | 2 |
| 5 to less than 6 years | 0 |
| 6 to less than 7 years | 2 |
| No non-parole period | 59 |
| Total | 95 |
Total effective sentences of imprisonment and non-parole periods
Figure 8 represents the 36 people who were sentenced to imprisonment for causing injury recklessly and for whom the non-parole period could be determined. It shows the average total effective sentence and average non-parole period for these people by financial year.
From 2016-17 to 2020-21, the average total effective sentence ranged from 2 years and 3 months in 2020-21 to 5 years and 3 months in 2016-17. Over the same period, the average non-parole period ranged from 1 year and 7 months in 2017-18 and 2020-21 to 3 years and 7 months in 2016-17.
Figure 8: The average total effective sentence and the average non-parole period for people sentenced to imprisonment with a non-parole period for causing injury recklessly by financial year
| Financial year | Average total effective sentence length | Average non-parole period |
|---|---|---|
| 2016-17 | 5 years and 3 months | 3 years and 7 months |
| 2017-18 | 2 years and 11 months | 1 year and 7 months |
| 2018-19 | 4 years and 0 months | 2 years and 6 months |
| 2019-20 | 3 years and 5 months | 2 years and 3 months |
| 2020-21 | 2 years and 3 months | 1 year and 7 months |
Further data on total effective sentences of imprisonment and corresponding non-parole periods for causing injury recklessly is available on SACStat.
Summary
From 2016-17 to 2020-21, 177 people were sentenced for causing injury recklessly in the higher courts. Of these people, 95 (53.7%) were given a principal sentence of imprisonment.
The median principal imprisonment length was 1 year and 6 months, while the median total effective sentence was 1 year and 4 months.[16]
Total effective sentences ranged from 1 month and 15 days to 8 years, and non-parole periods ranged from 1 year to 6 years.
On average, people sentenced for causing injury recklessly were found guilty of 5.1 offences each, with a maximum of 54 offences.
Endnotes
1. This Sentencing Snapshot is an update of Sentencing Snapshot no. 241, which describes sentencing trends for causing injury recklessly between 2014-15 and 2018-19.
2. Crimes Act 1958 (Vic) s 18.
3. Data on first-instance sentence outcomes presented in this Snapshot was obtained from the Strategic Analysis and Review Team at Court Services Victoria. Data on appeal outcomes was collected by the Sentencing Advisory Council from the Australasian Legal Information Institute, and was also provided by the Victorian Court of Appeal. The Sentencing Advisory Council regularly undertakes extensive quality control measures for current and historical data. While every effort is made to ensure that the data analysed in this Snapshot is accurate, the data is subject to revision.
4. Criminal Procedure Act 2009 (Vic) ss 28(1)(b)(ii)-(iii).
5. The value of a penalty unit changes each year and can be found in the Victorian Government Gazette and on the Victorian legislation website.
6. Sentencing Act 1991 (Vic) ss 3(cc) (definition of Category 1 offence), 5(2G). If the court finds that a special reason exists under section 10A, the court may alternatively impose a mandatory treatment and monitoring order: Sentencing Act 1991 (Vic) s 5(2GA).
7. If a person is sentenced for a case with a single charge, the offence for that charge is the principal offence. If a person is sentenced for more than one charge in a single case, the principal offence is the offence for the charge that attracted the most serious sentence according to the sentencing hierarchy.
8. Custodial sentences are mostly imprisonment but can also include partially suspended sentences, youth justice centre orders, hospital security orders, residential treatment orders, custodial supervision orders, and combined custody and treatment orders.
9. Principal sentence types can include custodial and non-custodial supervision orders imposed under Part 5 of the Crimes (Mental Impairment and Unfitness to Be Tried) Act 1997 (Vic) as sentencing outcomes and in the count of people sentenced. These are not sentencing orders as they are imposed in cases in which the accused is found unfit to stand trial or not guilty because of mental impairment. However, they are included in this Snapshot as they are an important form of disposition of criminal charges.
10. For example, if the principal offence receives a combined order of imprisonment and a community correction order pursuant to section 44 of the Sentencing Act 1991 (Vic), imprisonment is recorded as the most serious sentence type.
11. Suspended sentences have been abolished in the higher courts for all offences committed on or after 1 September 2013 and in the Magistrates’ Court for all offences committed on or after 1 September 2014.
12. For example, initially the maximum term of imprisonment that could be combined with a community correction order was set at 3 months, but it was increased to 2 years in September 2014 and reduced to 1 year in March 2017.
13. A court may impose an aggregate sentence of imprisonment on multiple charges sentenced at the same time. These sentences are a single term of imprisonment in which the parts of the term attributable to the individual charges are not specified. A case may include a combination of aggregate and non-aggregate sentences.
14. Both sentences of 4 years’ imprisonment were imposed in The Queen v Liszczak & Phillips [2017] VSC 103 (firing a shotgun at police).
15. Twenty-four people were eligible to have a non-parole period fixed but did not receive one. This included 23 people who had a sentence length between 1 year and less than 2 years, and 1 person who had a sentence of 2 years or more.
16. The total effective imprisonment sentence will be either the same length as or longer than the principal sentence at the individual case level (since the total effective sentence combines the sentences for additional offences with the principal sentence). However, in some situations, the median total effective imprisonment sentence for an offence can be lower than the median principal sentence. This is because these two measures are derived from different sets of cases: non-aggregate sentence cases for the median principal sentence, and non-aggregate and aggregate sentence cases for the median total effective sentence. Total effective sentences for aggregate sentence cases with a principal offence of causing injury recklessly were generally substantially lower than total effective sentences for non-aggregate sentence cases. This resulted in a lower median total effective sentence than the median principal sentence in this Snapshot.
