Please upgrade your web browser as Internet Explorer 6 is no longer supported. Upgrade to IE8 or Install Firefox.


blackBar.jpg, 320B

Crime Topics Menu

blackBar.jpg, 320B

Doogue & O'Brien Testimonials

"I don't think I could have coped if I lost my trial. The preparation you put in was amazing."

Gary F

"I was proud that we stood up and fought the charges. I would have lost everything if I had been found guilty."

Peter L

"Your compassion during my time of need was outstanding. Many thanks."

Cameron A

"Lots of people kept telling me I should plead guilty except for your firm. You were right."

Lee W

"Everyone was judging me except for you. That support really helped me get through a terrible time."

John A

Reckless conduct endangering life

BlackMenuBar.jpg, 340B

Written by
Paul McClure
Criminal Defence Lawyer

Contact Paul McClure 

03 9670 5111


Assaults / Violence Offences - VIC
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.
Article published on 01/09/2009. To check if any changes to the law please discuss with one of our lawyers.
blackBar.jpg, 320B