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


  1. ‘consciously and unjustifiably disregards a substantial risk [that] … may result …’: Crimes Act 1958 (Vic) s 318(2)(a)