CONDUCT ENDANGERING

Reckless conduct endangering Life or Serious Injury.

Section 22 and section 23 of the Crimes Act 1958 carries the offences of Reckless Conduct Endangering Life or Serious Injury respectively.

These charges are often laid in relation to hoon offences where a person performs burnouts or skids amongst a crowd of people.

Other examples include

  • Throwing a glass bottle in a pub towards other patrons;
  • Throwing a heavy or sharp object (e.g., a brick, a bottle) from height; 
  • Discharging a firearm in the direction of a person or into an occupied dwelling, even without intent to hit anyone;
  • Setting a fire in an occupied building or one believed to be occupied;
  • Exposing a person to a known and serious health risk (this has come up in cases involving reckless transmission-type conduct, though these fact patterns are less common post-abolition of the old HIV-specific offences)
In all these cases, a person need not be injured.
 

PROOF, PENALTIES & DEFENCES.

Reckless Conduct Endangering Life.

The prosecutor has to prove that you were reckless in that you were aware that your act or omission (your conduct) would probably at the time place or may place someone in danger of death; and you had no lawful excuse.

Defences:

  • that you were not reckless;
  • that there was no act or omission to constitute “conduct”;
  • that no ones life would be endangered;
  • that the conduct was involuntary and beyond your control;
  • that you had a lawful excuse such as self-defence.

Penalties: s22 Crimes Act 1958

  • Maximum 10 years jail.

Reckless Conduct Endangering Serious Injury.

The prosecutor has to prove that you were reckless in that you were aware that your act or omission (your conduct) would probably at the time place or may place someone in danger of serious injury; and you had no lawful excuse.

Defences:

Defences:

  • that you were not reckless;
  • that there was no act or omission to constitute “conduct”;
  • that there was no one in danger of a serious injury;
  • that the conduct was involuntary and beyond your control;
  • that you had a lawful excuse such as self-defence.

Penalties: s23 Crimes Act 1958

  • Maximum 5 years jail.

CLIENTS WE’VE HELPED FOR THIS CHARGE.

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