Conduct Endangering Life

It is an offence in Victoria to recklessly engage in conduct that places or may place another person in danger of death. The maximum penalty for this offence is 10 years imprisonment. The offence of Conduct Endangering Life is contained in Section 22 of the Crimes Act 1958.

What is Conduct Endangering Life?

A threat is not enough to prove a charge of Conduct Endangering Life. Even if a person has taken steps to prepare to commit the offence, they cannot be found guilty of this offence if they haven’t engaged in the conduct yet.

A person may be charged with Conduct Endangering Life based on an allegation that they:

• Pointing a loaded firearm at another person;
• Drove at very high speeds with passengers;
• Held open train doors whilst the train was moving.

What Must Be Proven?

To convict a person of this offence, the Prosecution must prove each of the following matters beyond a reasonable doubt:

• They engaged in conduct;
• That conduct placed a person in danger (ie conduct that carried with it an appreciable risk) of death;
• They engaged in that conduct voluntarily;
• A reasonable person in their position, engaging in the same conduct in which you engaged in and in the same circumstances, would have realised that they had placed another in danger of death; and,
• They engaged in that conduct recklessly insofar as they could have foreseen that placing another person in danger of death was a probable consequence of their actions in all the circumstances.

If the Prosecution does not prove every single one of the above elements, you will be found not guilty. 

Which Court Will Hear the Matter?

Conduct Endangering Life is an indictable offence that can be heard in either the Magistrates’ Court or County Court depending on the seriousness of the circumstances and the attitude of defence and Prosecution.

Possible Defences

The following defences may be available for a Conduct Endangering Life charge:

• That you did not foresee that our actions could place someone in danger of death.
• The conduct did not place someone in danger of death.
• Self-defence

Common Questions

Will I receive a criminal conviction?

Yes, you can receive a conviction and criminal record for this offence, however, the circumstances of the offending, whether you have a criminal record, your personal background, and other mitigating factors will influence this. 

In VIC, a Court can im

pose any of the following penalties for this charge.

• Jail
• Community Corrections Orders (CCO)
• Fine
• Adjourned undertaking

The consequences of a conviction can be serious depending upon what you do for a living. Some jobs require you to have no criminal convictions and a conviction might jeopardise your job or make it difficult to obtain visas for overseas travel. Moreover a conviction for an offence of violence can completely rule out certain career paths such as teaching and a range of government employment options. Violent offences may also result in sentences that include imprisonment even where an individual has no previous convictions.

Will I go to jail?

Yes, you can be sentenced to a term of imprisonment for this charge, as it is a serious violent offence in Victoria and carries a maximum penalty of 10 years imprisonment. Imprisonment, however, is not the only outcome available to a Court and penalties will range from good behaviour bonds to fines, to community corrections order, with prison being a sentence of last resort. The circumstances of the offending, whether you have a criminal record, your personal background, and other mitigating factors will influence the outcome. 

If you require legal advice or representation in any legal matter, please contact Armstrong Legal.