Fiji

Crimes Decree 2009 (decree No. 44 of 2009)

CHAPTER II — GENERAL PRINCIPLES OF CRIMINAL RESPONSIBILITY

PART 5 — GENERAL ELEMENTS OF AN OFFENCE

Division 3 — Fault Elements of an Offence

Recklessness

21.—(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.

Keywords

Mental element
Recklessness



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