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Reckless conduct endangering serious injury

Criminal Lawyers Melbourne
ADLA member for - VIC

Written by
Paul McClure
Criminal Defence Lawyer


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The Law - Reckless conduct endangering serious injury

What the Law states - Reckless conduct endangering serious injury



Section 23. Crimes Act 1958 Reckless conduct endangering serious injury

23. Conduct endangering persons

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

Maximum Penalty in Victoria



5 years imprisonment

What the Prosecution must prove - Reckless conduct endangering serious injury - Vic


(a) The accused voluntarily engaged in conduct, which placed a person in danger of serious injury.

(b) The accused engaged in that conduct recklessly in that they foresaw that placing another in danger of death was a probable consequence of their conduct in the surrounding circum-stances

(c) 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 person in danger of serious injury.

Possible Defences - Reckless conduct endangering serious injury


(a) Duress.

(b) Factual dispute.

(c) Lack of intent.

(c) Mental impairment.

(d) Necessity.

(e) Self-defence.


Which court will hear the charge of Reckless conduct endangering serious injury



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