South Australian Current Acts

CRIMINAL LAW CONSOLIDATION ACT 1935 - SECT 29

29—Acts endangering life or creating risk of serious harm

        (1)         Where a person, without lawful excuse, does an act or makes an omission—

            (a)         knowing that the act or omission is likely to endanger the life of another; and

            (b)         intending to endanger the life of another or being recklessly indifferent as to whether the life of another is endangered,

that person is guilty of an offence.

Maximum penalty:

            (a)         for a basic offence—imprisonment for 15 years;

            (b)         for an aggravated offence—imprisonment for 18 years.

        (2)         Where a person, without lawful excuse, does an act or makes an omission—

            (a)         knowing that the act or omission is likely to cause serious harm to another; and

            (b)         intending to cause such harm or being recklessly indifferent as to whether such harm is caused,

that person is guilty of an offence.

Maximum penalty:

            (a)         for a basic offence—imprisonment for 10 years;

            (b)         for an aggravated offence—imprisonment for 12 years.

        (3)         Where a person, without lawful excuse, does an act or makes an omission—

            (a)         knowing that the act or omission is likely to cause harm to another; and

            (b)         intending to cause such harm or being recklessly indifferent as to whether such harm is caused,

the person is guilty of an offence.

Maximum penalty:

            (a)         for a basic offence—imprisonment for 5 years;

            (b)         for an aggravated offence (except one to which paragraph (c) applies)—imprisonment for 7 years;

            (c)         for an offence aggravated by the circumstances referred to in section 5AA(1)(c), (ca) or (ka)—imprisonment for 8 years.

        (4)         If a court convicting a person of an offence against this section is satisfied that the act or omission constituting the offence was done or made by the convicted person in the course of the convicted person's use of a motor vehicle, the court must order that the person be disqualified from holding or obtaining a driver's licence for 5 years or such longer period as the court orders.

        (5)         Where a convicted person is disqualified from holding or obtaining a driver's licence—

            (a)         the disqualification operates to cancel any driver's licence held by the convicted person as at the commencement of the period of disqualification; and

            (b)         the disqualification may not be reduced or mitigated in any way or be substituted by any other penalty or sentence.