>[!info] >[s. 23 Crimes Act](http://www8.austlii.edu.au/cgi-bin/viewdoc/au/legis/vic/consol_act/ca195882/s23.html "Conduct Endangering A Person") — A **person** who, **without lawful excuse**, **recklessly** engages in **conduct** that places or may place another person in danger of a **serious injury**. >[!success] >The Victorian Judicial College has a [Charge Book section](http://www.judicialcollege.vic.edu.au/eManuals/CCB/index.htm#5069.htm "Charge Book - Conduct Endangering a Person") relating to this matter. # Example Jonathan engages in drink driving and narrowly misses a car containing a family. The family car veers off the road and impact into a pole, causing the driver to sustain serious injuries. # Power of Arrest [Section 459 of the Crimes Act.](http://www8.austlii.edu.au/cgi-bin/viewdoc/au/legis/vic/consol_act/ca195882/s459.html "Section 459 of the Crimes Act.") # Jurisdiction Indictable Offence #iots heard at the Magistrates' Court. # Defences - Consent - Amicable Contest - Misadventure or Accident - Execution of the Law - Lawful Correction or Chastisement - Self-Defence # Points of Proof 1. Identity 2. Conduct 3. Voluntarily Committed? 4. Endangerment 5. Recklessly 6. Without Lawful Excuse