4Meaning of "reckless"

4 Meaning of "reckless"

(1)  A person is "reckless" in relation to a circumstance if –

(a) the person is aware of a substantial risk that the circumstance exists or will exist; and

(b) having regard to the circumstances known to the person, it is unjustifiable to take the risk.

(2)  A person is "reckless" in relation to a result if –

(a) the person is aware of a substantial risk that the result will happen; and

(b) having regard to the circumstances known to the person, it is unjustifiable to take the risk.

(3)  It is a question of fact as to whether taking a risk is unjustifiable.