Conduct Endangering Persons

Question 1

Outline the elements of the offence

s23 Conduct Endangering Persons

CRIMES ACT 1958

Answer 1

s23 Conduct Endangering Persons

CRIMES ACT 1958

1. Acc [describe relevant conduct]; and
2. Acc voluntarily committed that conduct; and
3. a reasonable person would have realised that that conduct placed, or may have placed, another person at an appreciable risk of serious injury; and
4. Acc acted recklessly, because he foresaw that an appreciable risk of serious injury was a probable consequence of that conduct; and
5. Acc acted without lawful excuse or authority.

Question 2

what type of offence is

s23 Conduct Endangering Persons

CRIMES ACT 1958

Answer 2

Conduct Endangering Persons

This is a general offence of endangerment

A person must not recklessly engage in conduct that places or may place another person in danger of serious injury (Crimes Act 1958 s23).

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