How serious is Reckless Conduct Endangering Life? What’s the maximum penalty and which Melbourne Court hears this charge?
A maximum penalty of 10-year imprisonment may be imposed by the Court to anyone found guilty of Reckless Conduct Endangering Life. This is an offence viewed to be at the high scale of criminal offences. It usually carries a gaol term once guilt of the accused is proven in Court. This offence is indictable and is generally heard before a Judge in the County Court.
The legislation on Reckless Conduct Endangering Life
Section 22 of the Crimes Act 1958 is the law for Reckless Conduct Endangering Life:
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. Penalty: Level 5 imprisonment (10 years maximum).
Pleading guilty or not guilty to Reckless Conduct Endangering Life in a Melbourne Court
The decision on whether you should plead guilty or not to Reckless Conduct Endangering Life is something that you should carefully discuss with a criminal defence solicitor. Only a qualified legal professional will have the expertise to prepare a defence for you by carefully analysing all the relevant facts surrounding your case.
Elements of the charge of a Reckless Conduct Endangering Life case in a Melbourne Court
Certain elements must be proven by the Prosecution to show that an accused is guilty of Reckless Conduct Endangering Life. The accused must have engaged in a conduct that placed a person in danger of death. The accused must have also engaged in the conduct voluntarily. The accused must be assumed to be a reasonable person who has engaged in the conduct and, realized that the accused is placing another person in danger of death due to the conduct. The accused may have also engaged in the conduct recklessly in that the accused has foreseen the danger of death to another person as a probable consequence of the conduct.
Defending the charge of Reckless Conduct Endangering Life in a Melbourne Court
Establishing a defence for the charge of Reckless Conduct Endangering Life may involve criminal defences such as factual disputes, necessity, duress, self-defence, and mental impairment. There are cases when a defendant’s conduct can not really be considered reckless. The level of danger posed to an alleged victim by the conduct may also be argued in Court.
For more information on Reckless Conduct Endangering Life, you may visit the Australian Defence Lawyers Association site (click here) and also the Doogue & O’Brien Melbourne Criminal Lawyers site (here).
Doogue & O’Brien Melbourne can provide you more detail about this
Our Head Office is at 5/221 Queen Street, Melbourne
Phone (03) 9670 5111 (24 hrs if you are in a Police Station)
This article was written on July 30, 2012 and relates to the law that it stands at this time.