Document ID: chunk:federal_register_of_legislation:C2004A00946:clause:2_4:p2
Version: federal_register_of_legislation:C2004A00946
Segment Type: clause
Provision Reference: sch 2 cl 4 (pt 2/2)
Character Range: 7586–8478

death or serious harm to the other person, the conduct is taken to give rise to a danger of death or serious harm to the other person.

 (3) For the purposes of this section, a person's conduct gives rise to a danger of death or serious harm if the conduct is ordinarily capable of creating a real, and not merely a theoretical, danger of death or serious harm.

 (4) For the purposes of this section, a person's conduct may give rise to a danger of death or serious harm whatever the statistical or arithmetical calculation of the degree of risk of death or serious harm involved.

 (5) In a prosecution for an offence against subsection (1), it is not necessary to prove that a specific person was actually placed in danger of death or serious harm by the conduct concerned.

Definition

 (6) To avoid doubt, the definition of carry by post in section 470.1 does not apply to this section.