For the offence of reckless conduct endangering life under s 22 of the Crimes Act 1958 (Vic), the actus reus is confined to the conduct actually performed by the accused; contemplated but unperformed future acts cannot be taken into account. The appreciable risk of death must be 'included in' or 'carried by' the very conduct engaged in. The accused's ephemeral emotional or mental state cannot be relied upon to establish the objective element by inferring the likelihood of further dangerous conduct. The subjective element requires foresight of the probability of danger from actual conduct, not foresight of the probability of further voluntary action.
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