7.4.15.4 – Checklist: Conduct Endangering Persons (Pre-1/7/13)

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Five elements the prosecution must prove beyond reasonable doubt:

1. The accused committed the conduct alleged in the presentment; and

2. The conduct was voluntary; and

3. The conduct endangered another person; and

4. The accused acted recklessly; and

5. The accused acted without lawful authority or excuse.

Conduct

1. Did the accused commit the conduct alleged in the presentment?

If Yes, then go to 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 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, 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 – Injury includes unconsciousness, hysteria, pain and any substantial impairment of bodily function; and

Serious injury includes a combination of injuries.

If Yes, go to 4

If No, go to 3.2

3.2 Would a reasonable person who committed the same conduct as the accused, in the same circumstances, 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 a “serious injury.

Consider –The risk must be of “serious” injury.

Consider – Injury includes unconsciousness, hysteria, pain and any substantial impairment of bodily function; and

Serious injury includes a combination of injuries.

If Yes, go to 4

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/her 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 5

If No, then the accused is not guilty of conduct endangering persons

Lawful excuse

5. Did the accused act without lawful authority or excuse?

If Yes, then the accused is guilty of conduct endangering persons (as long as you 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

See Also

7.4.15 - Conduct Endangering Persons

7.4.15.1 - Charge: Conduct Endangering Persons (From 1/7/13)

7.4.15.2 - Checklist: Conduct Endangering Persons (From 1/7/13)

7.4.15.3 - Charge: Conduct Endangering Persons (Pre- 1/7/13)