When assessing whether conduct creates an 'appreciable risk of death' under s 22 of the Crimes Act 1958 (Vic), the physical act cannot be separated from the surrounding circumstances; the entire context (including the victim's situation, movement, and likely reactions) must be considered. Where an offender's relapse into mental illness and subsequent offending is directly traceable to the failure of correctional authorities to provide adequate support upon release on parole, this constitutes a powerful mitigating factor that may render the sentence manifestly excessive if not adequately reflected.
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