Recklessness

Question 1

When is a defendant reckless?

Answer 1

A defendant is reckless where they foresee a risk of a prohibited consequence and unreasonably go on to take that risk.

Question 2

What type of test is recklessness?

Answer 2

This is a subjective test, meaning the court must consider what the defendant actually foresaw, rather than what a reasonable person would have foreseen. The defendant must have been aware of the risk and nevertheless decided to continue their conduct.