Assaults / Violence Offences – VIC

Welcome to the VIC Reckless conduct endangering life article page. Everything you need to know about Reckless conduct endangering life according to VIC law.

What the Law States according to VIC Law for Reckless conduct endangering life

According to VIC Law for the charge of Reckless conduct endangering life,

Crimes Act 1958 – Section 22
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 – Reckless Conduct Endangering Life

10-year imprisonment

What the Police must prove – Reckless Conduct Endangering Life

(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 matter

County Court

Further law information can be found on Melbourne Criminal Lawyers site (click here).

 

Date: 09/01/2009