12A

Meaning of reckless

In force

(1)

For the purposes of this Act a person is reckless with respect to circumstances if —

(a)

the person is aware of a substantial risk that the circumstance exists or will exist; and

(b)

having regard to the circumstances known to the person, it is unjustifiable to take the risk.

(2)

For the purposes of this Act a person is reckless with respect to a result if —

(a)

the person is aware of a substantial risk that the result will occur; and

(b)

having regard to the circumstances known to the person, it is unjustifiable to take the risk.

(3)

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

Note for this section:

This section is not required in the Commonwealth Act.

Research tools for this sectionSubscription

The statute text is free to read above. View subscription options to unlock the case-law research tools for each provision.