s22 Reckless Conduct Endangering Life or s23 Serious Injury

Have you been charged with reckless conduct endangering life or serious injury – driving a motor vehicle?

The charge of reckless conduct endangering serious injury or life, is a charge that will often be paired with various alternative traffic offences such as dangerous driving, evading police, careless driving and improper use. The difference with the charge of reckless conduct endanger serious injury or life, is that it is listed under the Crimes Act 1958 and has a much greater maximum penalty than any other driving related charge.

There are other serious driving charges that can accompany this charge, such as, dangerous driving causing death or serious injury, or evading police dangerously. These charges will often not be alternatives as they have separate elements.

Although the charge of reckless conduct endanger serious injury or life is often used in relation to traffic matters it is also used in relation to other factual scenarios such as incidents involving firearms or other types of missiles.

In relation to traffic offences it is an offence to drive in way that is reckless as so as to threaten the life of another cause a serious injury. The offences with be against section 22 or 23 of  the Crimes Act 1958 (Vic).

It is a charge that is often misunderstood by most generalist lawyers. In our view it is a charge that an accused person should rarely plead guilty to unless there are direct admissions on DVD and even then a close analysis of those admissions is important as the charge is very hard for the prosecution to establish.

It has been established at law that section 22 & section 23 of the Crimes Act Reckless Conduct Endanger Life or Reckless Conduct Endanger Serious Injury requires the following elements to be established beyond a reasonable doubt;

• You engaged in a particular conduct;
• The conduct was voluntary;
• The conduct had the potential to endanger life (s22) or cause serious injury (s23);
• You acted recklessly (this requires foresight of the appreciable risk was a probable consequence); and
• The conduct was not authorised by law.

The offence

Section 22 of the Crimes Act 1958 (Vic).

The Prosecution must prove that:

1. The defendant was driving a motor vehicle on a road; and
2. The defendant recklessly engaged in conduct that placed or may have place another person in danger of death.

Section 23 of the Crimes Act 1958 (Vic).

The Prosecution must prove that:

1. The defendant was driving a motor vehicle on a road; and
2. The defendant recklessly engaged in conduct that placed or may have place another person in danger of serious injury.

*Conduct means an act or omission to do an act

The maximum penalty

• If found guilty of conduct endangering life the maximum penalty is a term of 10 years imprisonment.
• If found guilty of conduct endangering serious injury  the maximum penalty is a term of 5 years imprisonment.

Licence Loss

• Please be aware there is no mandatory minimum licence loss in relation to this charge. That said it should be noted that it would be extremely rare for a magistrate to not interfere with a persons drivers that is pleading guilty to either of these charges.

Where will my case be heard?

• Reckless conduct endangering life or serious injury when driving cases can be heard in the Magistrates’ Court or the County Court.

Questions to consider

Do you have a defence?

Did you engage in the conduct alleged?

Did the conduct present an “appreciable risk” of death or serious injury to another?

Would a reasonable person in your position foresee that engaging in the conduct would result in an appreciable risk of death or serious injury?

Can you show that you were driving appropriately?

If you are pleading guilty, what can you do to minimise your sentence?

What to do next?

If you have been charged with reckless conduct endangering serious injury or death relating to driving a motor vehicle then you need the assistance of an experienced traffic lawyers. This charge is very serious and also very hard for the prosecution to prove. If you have been charged then you should call our office today. We are Traffic Lawyers that are experienced in handling these types of matters.

The Legislation

Section 22 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).

Section 23 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).