The assessment of the seriousness of an injury within the spectrum of serious injuries under s 15 of the Crimes Act 1958 (Vic) is an evaluative judgment not based on a fixed sliding scale. An injury presenting a high risk of death from prolonged unconsciousness (8-9 minutes) and risk of airway occlusion may properly be assessed as above the lower end of the spectrum, even where the risk did not materialise and the victim was discharged from hospital the same day. The mitigatory effect of youth may be moderated where the offending is serious and the offender has a significant criminal history including prior convictions for similar offences.
The full text is available to signed-in members, including the 5 later cases that cite this judgment.
1 of the 5 citing cases carry a classified treatment. How each court treated it is available to signed-in members.