Criminal Code Act 1995

Schedule - The Criminal Code  

Section 3

CHAPTER 2 - GENERAL PRINCIPLES OF CRIMINAL RESPONSIBILITY  

Part 2.2 - The elements of an offence  

Division 5 - Fault elements  

SECTION 5.4   Recklessness  

(1)  
A person is reckless with respect to a circumstance if:


(a) he or she is aware of a substantial risk that the circumstance exists or will exist; and


(b) having regard to the circumstances known to him or her, it is unjustifiable to take the risk.

(2)  
A person is reckless with respect to a result if:


(a) he or she is aware of a substantial risk that the result will occur; and


(b) having regard to the circumstances known to him or her, it is unjustifiable to take the risk.

(3)  
The question whether taking a risk is unjustifiable is one of fact.

(4)  
If recklessness is a fault element for a physical element of an offence, proof of intention, knowledge or recklessness will satisfy that fault element.




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