Recklessness
5.4 Recklessness
A person is reckless with respect to a circumstance if:
he or she is aware of a substantial risk that the circumstance exists or will exist; and
having regard to the circumstances known to him or her, it is unjustifiable to take the risk.
A person is reckless with respect to a result if:
he or she is aware of a substantial risk that the result will occur; and
having regard to the circumstances known to him or her, it is unjustifiable to take the risk.
The question whether taking a risk is unjustifiable is one of fact.
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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