Tuesday, January 17, 2023

Victorian Law Reform Commission Issues Paper on Recklessness

The Victorian Law Reform Commission (state of Victoria, capital Melbourne, Australia) has published an Issues Paper on Recklessness in the local criminal law:

"Recklessness is an element in many Victorian offences and relevant to the application of the criminal law in other ways. However, it is not consistently defined in Victorian legislation and in most instances takes its meaning from the common law."

"Since the decision of the Victorian Court of Appeal in R v Campbell ([1997] 2 VR 585), an accused is reckless if they know that a particular harmful consequence will probably result from their action but they proceed regardless." 

"In some Australian jurisdictions, for most offences against the person involving recklessness other than murder, the accused need only foresee the possibility that harm might occur for recklessness to be established."

"The Victorian Law Reform Commission ... is asked to review and report on how the concept of ‘recklessness’ is understood ..."

In an appendix, the document sets out how recklessness is defined in Australian federal and state law, as well as in Canada, England, Wales and Northern Ireland.

The Commission will deliver its report to the state's  attorney general early next year.

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posted by Michel-Adrien at 6:45 pm


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