Arson - Recklessly

Question 1

Define Recklessness?

Answer 1

Acting “Recklessly” involves consciously and deliberately taking an unjustifiable risk.

Question 2

Proving Recklessness (subjective test & objective test)

Answer 2

When Recklessness is an element in an offence the following must be proved:

1) That the Defendant consciously and deliberately ran a risk (A SUBJECTIVE TEST)

2) That the risk was one that was unreasonable a take in the circumstances as they were known to the Defendant (OBJECTIVE TEST - Based on whether a reasonable person would have taken the risk).

Question 3

What was found in Cameron v R?

Answer 3

The Defendants were charged with dealing in a “Controlled Drug analogue” a Class C controlled drug, contrary to the MODA 1975. Jury found the substance was substantially similar to a Class B controlled drug, meeting the threshold for a “controlled drug analogue”.

Recklessness is a test based on the Defendants appreciation of the risk of the offence and their decision to run that risk anyway.