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Reckless conduct endangering life

Criminal Lawyers Melbourne
ADLA member for - VIC

Written by
Paul McClure
Criminal Defence Lawyer


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The Law - Reckless conduct endangering life

What the Law states - Reckless conduct endangering life



Section 22. of the Crimes Act 1958 Conduct endangering life

22. Conduct endangering life

A person who, without lawful excuse, recklessly engages in conduct that places or may place another person in danger of death is guilty of an indictable offence.

Maximum Penalty in Victoria



10 years imprisonment

What the Prosecution must prove - Reckless conduct endangering life - Vic


(a) The accused engaged in conduct, which placed a person in danger of death.

(b) The accused engaged in that conduct voluntarily.

(c) The accused engaged in that conduct recklessly in that they foresaw that placing another person in danger of death was a probable consequence of their conduct in the circumstances.

(d) A reasonable person engaging in the very conduct in which the accused engaged and in the same circumstances, would have realised that they had placed another in danger of death.

Possible Defences - Reckless conduct endangering life


(a) Duress.

(b) Factual dispute.

(c) Mental impairment.

(d) Necessity.

(e) No recklessness.

(f) Self-defence.

 

 

Which court will hear the charge of Reckless conduct endangering life



County Court.
Appeal Reckless conduct endangering life Charge
Article published on 09/01/2009. To check if any changes to the law please discuss with one of our lawyers.
Criminal Lawyers Melbourne