CRIMINAL CODE ACT 1995
- SECT 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.