Conduct Endagering Life

Question 1

Outline s22 CA

Answer 1

Conduct Endangering Life

APMN recklessly engage in conduct

that places or may place another person in danger of death (Crimes Act 1958 s22).

Conduct endangering life is an offence against the person. An accused who creates a risk of death to multiple individuals may be charged with multiple counts of conduct endangering life (R v Bekhazi (2001) 3 VR 321).

This is a general offence of endangerment,

Question 2

What are the 5 elements to the offence of s22 CA

Answer 2

The offence has the following 5 elements:

1. The accused engaged in conduct;
2. The accused’s conduct was voluntary;
3. The accused’s conduct endangered another person’s life;
4. The accused acted recklessly; and
5. The accused acted without lawful authority or excuse (R v Nuri [1990] VR 641; Filmer v Barclay [1994] 2 VR 269; Mutemeri v Cheesman [1998] 4 VR 484; R v Wilson [2005] VSCA 78; R v Abdul-Rasool (2008) 18 VR 586; [2008] VSCA 13; R v Marijancevic (2009) 22 VR 576; [2009] VSCA 135).