CRIMINAL CODE

PART I - General Provisions

TITLE II - Interpretation and General Explanations

The Standard Tests and the Keywords

8.-(1) The standard test of recklessness as to result is-

Did the person whose conduct is in issue foresee that his conduct might produce the result and, if so, was it unreasonable for him to take the risk of producing it?

(2) The standard test of recklessness as to circumstances is-

Did the person whose conduct is in issue realise that the circumstances might exist and, if so, was it unreasonable for him to take the risk of their existence?

(3) The appropriate key words are “reckless”, "recklessness” and “recklessly”.

(4) The question whether it was unreasonable for the person to take the risk is to be answered by an objective assessment of his conduct in the light of all relevant factors, but on the assumption that any judgment he may have formed of the degree of risk was correct.

CRIMINAL CODE

PART I - General Provisions

TITLE II - Interpretation and General Explanations

The Standard Tests and the Keywords


1. Whether the person 1. The fact that the result was a
charged with the offence natural and probable result
of such conduct.
(a) intended to produce a
particular result by his conduct;

(b) was reckless as to whether
his conduct would produce
a particular result;

(c) foresaw that his conduct
might produce a particular result.



2. Whether he knew a particular fact. 2. The presence of
circumstances leading to the
inference that a reasonable
man in his circumstances
would have known the fact
existed

3. Whether he was reckless as to 3. The presence of
whether particular circumstances circumstances leading to the
existed. inference that a reasonable
man in his situation
would have realised that the
circumstances might exist.