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Five elements the prosecution must prove beyond reasonable doubt:
Conduct
1. Did the accused commit the conduct alleged in the presentment?
If Yes, then go to Question 2
If No, then the accused is Not Guilty of Conduct Endangering Persons
Voluntariness
2. Did the accused voluntarily commit that conduct?
If Yes, then go to Question 3.1
If No, then the accused is Not Guilty of Conduct Endangering Persons
Endangerment
3. Did the accused’s conduct endanger another person?
3.1 Would a reasonable person who committed the same conduct as the accused, in the same circumstances, have realised that s/he was placing another person at an appreciable risk of serious injury?
Consider – There must be more than a remote risk of serious injury.
Consider – The risk must be of "serious" injury.
Consider - A serious injury is an injury which endangers life or is substantial and protracted
If Yes, then go to Question 4.1
If No, then go to Question 3.2
3.2 Would a reasonable person who committed the same conduct as the accused, in the same circumstances, have realised that s/he may have been placing another person at an appreciable risk of serious injury?
Consider – There must be more than a remote risk of serious injury.
Consider – The risk must be of "serious" injury.
Consider - A serious injury is an injury which endangers life or is substantial and protracted
If Yes, then go to Question 4.1
If No, then the accused is Not Guilty of Conduct Endangering Persons
Recklessness
4. At the time the accused committed the relevant conduct, did s/he foresee that an appreciable risk of serious injury was a probable consequence of his/her actions?
Consider – The risk must have been probable rather than possible.
Consider – The accused does not need to have foreseen that his conduct would probably cause serious injury. S/he must have foreseen that his/her actions would probably create an appreciable risk of serious injury.
If Yes, then go to Question 5
If No, then the accused is Not Guilty of Conduct Endangering Persons
Lawful excuse
5. Did the accused act without any lawful authority or excuse?
If Yes, then the accused is Guilty of Conduct Endangering Persons
(as long as you have also answered Yes to questions 1, 2, 3.1 or 3.2 and 4)
If No, then the accused is Not Guilty of Conduct Endangering Persons
Last updated: 12 September 2019