'Recklessness' in document 'Lesotho - Penal Code'

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RELEVANT SECTIONS OF THE IMPLEMENTING LEGISLATION

PART II - GENERAL PRINCIPLES OF CRIMINAL LIABILITY

Automatism
9. (1) A person who acts in a state of unconsciousness, or whose consciousness is so impaired as to make him or her unable to control his or her actions, shall not be liable for any offence committed during such a state.

2) This defence shall not be available to any person who, knowing
of the existence of the condition which gives rise to such conduct, nonetheless recklessly places himself or herself in circumstances where she or he is likely to cause harm to persons or property.

PART II - GENERAL PRINCIPLES OF CRIMINAL LIABILITY

Negligence or recklessness
10. A person who causes harm to the person or property of another or exposes others to a risk of injury or death through negligence or recklessness commits an offence.

PART II - GENERAL PRINCIPLES OF CRIMINAL LIABILITY

Culpability
11. (2) A person intends to perform an act if he or she purposefully directs his or her will towards the performance of that act. A person intends the consequences of his or her act if-

(a) he or she acts knowing that the consequences will occur as a result of his or her action; or

(b) he or she acts while foreseeing that there is a real possibility of that consequence occurring and he or she is reckless as to whether or not the consequence occurs.

PART II - GENERAL PRINCIPLES OF CRIMINAL LIABILITY

Culpability
11. (3) Where it is a requirement of an offence that the accused should have known of the existence of a particular circumstance, then awareness on the part of the accused of the possibility of the existence of that circumstance, together with recklessness as to whether it existed, shall satisfy the requirement of knowledge in that case.

PART II - GENERAL PRINCIPLES OF CRIMINAL LIABILITY

Culpability
11. (4) A person is reckless in relation to a possible consequence if he
or she knows that there is a substantial possibility that the consequence will occur and acts nonetheless, being indifferent as to whether or not the consequence occurs.