[1][clarification needed] The crime does not deal with events which involve only civil liability such as injuries caused by negligence which does not amount to a criminal act.
The offence carries a maximum punishment of life imprisonment but the circumstances (and thus the eventual sentence applied) of individual cases will often fall short of requiring such a punishment and might not proceed beyond the sheriff court which has limited sentencing powers.
The case of Kimmins v. Nomand[5] displays this point: the accused was detained for a legitimate search by police and denied having needles on their person.
The case of Robson v Spiers[6] establishes the foreseeability of potential danger or injury to the public by the accused's course of action.
The accused must have acted in a manner that demonstrated an utter disregard for the consequences of his conduct on the general public and a total indifference to their safety.