Australian Capital Territory Current Acts

CRIMINAL CODE 2002 - SECT 20

    (1)     A person is reckless in relation to a result if—

        (a)     the person is aware of a substantial risk that the result will happen; and

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

    (2)     A person is reckless in relation to a circumstance 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.

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

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