38Aggravated offences—significant damage to health or safety of people or to the environment

#### 38 Aggravated offences—significant damage to health or safety of people or to the environment (1) An offence is an aggravated offence if the commission of the offence causes significant damage, or is likely to cause significant damage, to the health and safety of people or to the environment. (2) In order to prove an aggravated offence, the prosecution must prove that the person who committed the offence: (a) intended his or her conduct to cause significant damage to the health and safety of people or to the environment; or (b) was reckless as to whether that conduct would cause significant damage to the health and safety of people or to the environment.