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POLICE POWERS (SURVEILLANCE DEVICES) ACT 2006 - SECT 4 Meaning of "reckless"

POLICE POWERS (SURVEILLANCE DEVICES) ACT 2006 - SECT 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.