The Maximum Penalty for Reckless Conduct Endangering Serious Injury in Melbourne – How Serious is this Offence?
There is a maximum penalty of 5-year imprisonment for anyone found guilty of Reckless Conduct Endangering Serious Injury charge. This charge is a serious form of criminal behaviour that may carry a prison term on a finding of guilt. It is an indictable offence and is often heard before a Magistrate.
The legislation on Reckless Conduct Endangering Serious Injury
Section 23 of the Crimes Act 1958 is the relevant law for Reckless Conduct Endangering Serious Injury and is as follows:
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. Penalty: Level 6 imprisonment (5 years maximum).
Pleading guilty or not guilty to Reckless Conduct Endangering Serious Injury in a Melbourne Court
Deciding on whether to plead guilty to Reckless Conduct Endangering Serious Injury or not has serious implications for you and should be done after proper discussions with a criminal defence solicitor. If you are proven guilty, there could be severe consequences.
Elements of the charge of a Reckless Conduct Endangering Serious Injury case in a Melbourne Court
The Prosecution must show that the accused voluntarily engaged in a conduct that placed another person in danger of a serious injury. The accused must have also engaged in the conduct recklessly, which means that the accused foresaw the danger of serious injury to another person as a probable consequence of the conduct. It is also required that the accused be a reasonable person who has engaged in the conduct and, at the same time, has realized that the accused placed another person in danger of serious injury through such conduct.
Defending the charge of Reckless Conduct Endangering Serious Injury in a Melbourne Court
Defending the charge of Reckless Conduct Endangering Serious Injury may involve duress, necessity, and self-defence. Issues on whether the accused really engaged in a conduct recklessly may also be raised out by defence lawyers. Factual disputes are typically brought forward especially when there are inaccuracies with the facts presented by the Prosecution in Court. Other viable defences may include lack of intent as well as mental impairment.
For more information on Reckless Conduct Endangering Serious Injury, 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 31, 2012 and relates to the law that it stands at this time.