Division 5 -- Fault elements

5.1   Fault elements

             (1)  A fault element for a particular physical element may be intention, knowledge, recklessness or negligence.

             (2)  Subsection (1) does not prevent a law that creates a particular offence from specifying other fault elements for a physical element of that offence.

5.2   Intention

             (1)  A person has intention with respect to conduct if he or she means to engage in that conduct.

             (2)  A person has intention with respect to a circumstance if he or she believes that it exists or will exist.

             (3)  A person has intention with respect to a result if he or she means to bring it about or is aware that it will occur in the ordinary course of events.

5.3   Knowledge

                   A person has knowledge of a circumstance or a result if he or she is aware that it exists or will exist in the ordinary course of events.

5.4   Recklessness

             (1)  A person is reckless with respect to a circumstance if:

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

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

             (2)  A person is reckless with respect to a result if:

                     (a)  he or she is aware of a substantial risk that the result will occur; and

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

             (3)  The question whether taking a risk is unjustifiable is one of fact.

             (4)  If recklessness is  a fault element for a physical element of an offence, proof of intention, knowledge or recklessness will satisfy that fault element.

5.5   Negligence

                   A person is negligent with respect to a physical element of an offence if his or her conduct involves:

                     (a)  such a great falling short of the standard of care that a reasonable person would exercise in the circumstances; and

                     (b)  such a high risk that the physical element exists or will exist;

that the conduct merits criminal punishment for the offence.

5.6   Offences that do not specify fault elements

             (1)  If the law creating the offence does not specify a fault element for a physical element that consists only of conduct, intention is the fault element for that physical element.

             (2)  If the law creating the offence does not specify a fault element for a physical element that consists of a circumstance or a result, recklessness is the fault element for that physical element.

Note:          Under subsection 5.4(4), recklessness can be established by proving intention, knowledge or recklessness.