Western Australian Numbered Acts Western Australian Numbered Acts (1) For the purposes
of this Act a person is reckless with respect to circumstances 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) For the purposes
of this Act a person is reckless with respect to a result if —
(a) the
person is aware of a substantial risk that the result will occur; and
(b)
having regard to the circumstances known to the person, it is unjustifiable to
take the risk.
(3) The question
whether taking a risk is unjustifiable is one of fact.
Note: This section is not required in the
Commonwealth Act.