Appendix D: Provisions of the Crimes Act 1958 (Vic) that include the concept of ‘recklessness’
Table 21
Provision |
Title |
Language used: ‘reckless’ or ‘recklessly’ |
Language used: ‘likely’ or ‘more likely than not’ |
Language used: ‘probable’ or ‘probably’ |
Language used: ‘substantial risk’ |
---|---|---|---|---|---|
Part I, Division 1 |
Offences against the person |
||||
s 3 |
Punishment for murder |
X |
|
|
|
s 15A |
Causing serious injury intentionally in circumstances of gross violence |
X |
|
||
s 15B |
Causing serious injury recklessly in circumstances of gross violence |
X |
|||
s 17 |
Causing serious injury recklessly |
X |
|||
s 18 |
Causing injury intentionally or recklessly |
X |
|||
s 19 |
Offence to administer certain substances |
X |
|||
s 20 |
Threats to kill |
X |
|||
s 21 |
Threats to inflict serious injury |
X |
|||
s 21A |
Stalking |
X |
|||
s 22 |
Conduct endangering life |
X |
|||
s 23 |
Conduct endangering persons |
X |
|||
s 25 |
Setting traps etc. to kill |
X |
|||
s 26 |
Setting traps etc. to cause serious injury |
X |
|||
s 31 |
Assaults |
X |
|||
s 31C |
Discharging a firearm reckless to safety of a police officer or a protective services officer |
X |
|
||
s 43 |
Threat to commit a sexual offence |
X |
|||
s 44 |
Procuring sexual act by threat |
X |
|||
s 45 |
Procuring sexual act by fraud |
X |
|||
s 47 |
Abduction or detention for a sexual purpose |
X |
|||
s 48 |
Sexual activity directed at another person |
X |
|||
s 49F |
Sexual activity in the presence of a child under the age of 16 |
X |
|||
s 49G |
Sexual activity in the presence of a child aged 16 or 17 under care, supervision or authority |
X |
|||
s 49P |
Abduction or detention of a child under the age of 16 for a sexual purpose |
X |
|||
s 49S |
Facilitating a sexual offence against a child |
X |
|||
s 51B |
Involving a child in the production of child abuse material |
X |
|||
s 51C |
Producing child abuse material |
X |
|||
s 51D |
Distributing child abuse material |
X |
|||
s 51H |
Accessing child abuse material |
X |
|||
s 52D |
Sexual activity in the presence of a person with a cognitive impairment or mental illness |
X |
|||
s 53B |
Using force, threat etc. to cause another person to provide commercial sexual services |
X |
|||
s 53C |
Causing another person to provide commercial sexual services in circumstances involving sexual servitude |
X |
|||
s 53D |
Conducting a business in circumstances involving sexual servitude |
X |
|||
s 53E |
Aggravated sexual servitude |
X |
|||
s 53G |
Aggravated deceptive recruiting for commercial sexual services |
X |
|||
s 53R |
Producing intimate image |
X |
|||
s 53S |
Distributing intimate image |
X |
|||
s 53T |
Threat to distribute intimate image |
X |
|||
Part I, Division 2 |
Theft and similar or associated offences |
||||
s 77 |
Aggravated burglary |
X |
|
||
s 77B |
Aggravated home invasion |
X |
|||
s 81 |
Obtaining property by deception |
X |
|||
s 191 |
Fraudulently inducing persons to invest money |
X |
|||
Part I, Division 2AA |
Identity crime |
||||
s 192B |
Making, using or supplying identification information |
X |
|||
s 192C |
Possession of identification information |
X |
|||
Part I, Division 2A |
Money laundering etc |
||||
s 194 |
Dealing with proceeds of crime |
X |
|||
s 195A |
Dealing with property which subsequently becomes an instrument of crime |
X |
|||
Part I, Division 2B |
Cheating at gambling
|
||||
s 195C |
Engaging in conduct that corrupts or would corrupt a betting outcome of event or event contingency |
X |
|||
s 195D |
Facilitating conduct that corrupts or would corrupt a betting outcome of event or event contingency |
X |
|||
s 195E |
Concealing conduct, agreement or arrangement |
X |
|||
s 195F |
Use of corrupt conduct information for betting purposes |
X |
|||
Part I, Division 2C |
Offences against public order and grossly offensive public conduct |
||||
s 195H |
Affray |
X |
|||
s 195I |
Violent disorder |
X |
|||
s 195K |
Grossly offensive public conduct |
X |
X |
||
Part I, Division 3 |
Criminal damage to property |
||||
s 197 |
Destroying or damaging property |
X |
|||
s 198 |
Threats to destroy or damage property |
X |
|||
s 199 |
Possessing anything with intent to destroy or damage property |
X |
|||
s 201A |
Intentionally or recklessly causing a bushfire |
X |
|||
s 246C |
Endangering safety of an aircraft |
X |
|||
s 247C |
Unauthorised modification of data to cause impairment |
X |
|||
s 247D |
Unauthorised impairment of electronic communication |
X |
|||
Part 1, Division 4 |
Contamination of goods |
||||
s 249 |
Contaminating goods with intent to cause, or being reckless as to whether it would cause, public alarm or economic loss |
X |
|||
s 250 |
Threatening to contaminate goods with intent to cause, or being reckless as to whether it would cause, public alarm or economic loss |
X |
|||
s 251 |
Making false statements concerning contamination of goods with intent to cause, or being reckless as to whether it would cause, public alarm or economic loss |
X |
|||
s 252 |
Territorial nexus for offences |
X |
|||
Part I, Division 5A |
Intimidation and reprisals relating to witnesses, etc |
||||
s 257 |
Intimidation or reprisals relating to involvement in criminal investigation or criminal proceeding |
X |
|||
Part I, Division 8A |
Driving offences connected with emergency workers, custodial officers, youth justice custodial workers and emergency service vehicles |
||||
s 317AC |
Intentionally exposing an emergency worker, a custodial officer or a youth justice custodial worker to risk by driving |
X |
|
||
s 317AD |
Aggravated offence of intentionally exposing an emergency worker, a custodial officer or a youth justice custodial worker to risk by driving |
X |
|||
s 317AE |
Recklessly exposing an emergency worker, a custodial officer or a youth justice custodial worker to risk by driving |
X |
|||
s 317AF |
Aggravated offence of recklessly exposing an emergency worker, a custodial officer or a youth justice custodial worker to risk by driving |
X |
|||
s 317AG |
Damaging an emergency service vehicle |
X |
|||
Part I, Division 9 |
Driving offences connected with motor vehicles |
||||
s 318 |
Culpable driving causing death |
X (including a specific definition of recklessness that differs from the definition applied to other Crimes Act offences)[2] |
X |
||
s 319 |
Dangerous driving causing death or serious injury |
X |
|||
Part I, Division 9AA |
Offences connected with dangerous, menacing and restricted breed dogs and related court powers |
||||
s 319B |
Failure to control dangerous, menacing or restricted breed dog that kills person |
X |
|||
s 319C |
Recklessness as to whether controlling dangerous, menacing or restricted breed dog may place another person in danger of death |
X |
|||
Part I, Division 9A |
Penalties for certain common law offences |
||||
s 320A |
Maximum term of imprisonment for common assault in certain circumstances |
X |
X |
||
Part I, Division 11A |
Recruiting a child to engage in criminal activity |
||||
s 321LB |
Recruiting a child to engage in criminal activity |
X |
|||
Part II, Division 1 |
Abettors, accessories and concealers of offences |
||||
s 323 |
Interpretation |
X |
|||
Part III, Division 1 |
Pleading procedure, proof &c. |
||||
s 464JA |
Offences in relation to recordings |
X |
|||
s 464ZE |
Evidence relating to forensic procedures or DNA profile samples |
X |
|||
s 464ZGG |
Supply of forensic material for purposes of DNA database |
X |
|||
s 464ZGI |
Permissible matching of DNA profiles |
X |
|||
s 464ZGJ |
Recording, retention and removal of identifying information on DNA database |
X |
|||
s 464ZGK |
Disclosure of Victorian information |
X |
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‘consciously and unjustifiably disregards a substantial risk [that] … may result …’: Crimes Act 1958 (Vic) s 318(2)(a)