Law Information - Assaults / Violence Offences - SA

Act Endangering Life or Creating Risk of Serious Harm

Date: 29/06/2011

The Law -

An act endangering life or creating risk of serious harm is dealt with under section 29 of the Criminal Law Consolidation Act 1935 (SA).

Under that section it is an offence to do an act, or omit to do an act, which is likely to endanger life, whether this was done intentionally or recklessly. Recklessly simply means with the realisation that harm is likely to occur.

The Maximum Penalty for Act Endangering Life or Creating Risk of Serious Harm

The maximum penalty for a basic offence is 15 years imprisonment. If it is an aggravated offence, the maximum penalty is 18 years imprisonment.

If the offence was committed in the course of driving a motor vehicle, you will also be disqualified from holding or obtaining a drivers licence for a minimum of five years.

An offence is aggravated if you:

• deliberately and systematically inflicted severe pain on the victim
• used, or threatened to use, an offensive weapon
• committed the offence against a police or prison officer
• tried to dissuade a victim from participating in legal proceedings
• knew the victim was under 12 years of age
• knew the victim was over 60 years of age
• committed the offence against a former spouse/partner
• committed the offence against your child or a child of your former spouse/partner
• committed the offence in company with another person
• abused a position of trust or authority
• committed the offence against a disabled person
• committed the offence against a person who was vulnerable because of their employment, or
• committed the offence in contravention of a court order (eg a bail agreement or restraining order).

What the prosecution must prove - Act Endangering Life or Creating Risk of Serious Harm

The prosecution do not need to prove that a person was injured. They simply need to prove that there was a real risk that the act was likely to endanger a life or expose a person to a risk of death.

Possible Defences - Act Endangering Life or Creating Risk of Serious Harm

You may have a defence to the charge if:

• it was not foreseeable that there was any risk to the other person
• you were acting in self-defence or were defending another person
• you were under duress
• you had a lawful excuse for your behaviour
• you had an automatism, or
• you were suffering from a mental impairment.

Even if you do not have one of the above defences, Caldicott & Co solicitors may be able to have your charges withdrawn or downgraded.

The Court process - Act Endangering Life or Creating Risk of Serious Harm

This is a major indictable charge. The proceedings will initially commence in the Magistrates Court. If there is sufficient evidence against you, the matter will then be transferred to the District Court.

Caldicott & Co will work hard to have the charges dismissed at an early stage so that your matter does not proceed to the District Court.