What the law says
Section 22 of the Crimes Act 1958 provides that 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.
The police and the prosecution bear the onus of proving beyond reasonable doubt that the offender committed conduct in a reckless manner that place or potentially places another person’s life in danger. In order to convict the offender the following elements must be proven to exist:
It is not sufficient that the victim’s life is threatened. It must be shown by the prosecution that the offender actually engaged in conduct or must have actively taken steps that endangers another person’s life. Driving at dangerous speed and pointing a loaded firearm at another person are examples of conduct that endangers another person’s life.
To obtain a conviction against the accused, the prosecution must prove the existence of all the elements of the crime. The absence of one or some of the elements is tantamount to not being able to prove the guilt of the accused beyond reasonable doubt.
The offender can invoke self-defence against the alleged victim. However, a successful self-defence theory must show that it was actually the victim who provoked the offender. It must also be proven by the offender that in defending himself/herself the offender did not intend to commit an indictable offence against the victim.
Another plausible defence is that the offender was acting under duress at the time of the commission of the conduct that placed another person’s life in danger.
Disclaimer : This article is just a summary of the subject matter being discussed and should not be regarded as a comprehensive legal advice for you to defend yourself alone. If you are charged with criminal offences, it is recommended that you seek legal assistance from criminal lawyers.