What is what is required to prove recklessness?
British Columbia, Canada
The following excerpt is from R. v. Brain, 2003 BCCA 70 (CanLII):
What is required to prove recklessness was described Mr. Justice McIntyre in Sansregret v. Queen (1985), 1985 CanLII 79 (SCC), 18 C.C.C. (3d) 223 at 233 (S.C.C.): ... In accordance with well-established principles for the determination of criminal liability, recklessness, to form a part of the criminal mens rea, must have an element of the subjective. It is found in the attitude of one who, aware that there is danger that his conduct could bring about the result prohibited by the criminal law, nevertheless persists, despite the risk. It is, in other words, the conduct of one who sees the risk and who takes the chance. It is in this sense that the term "recklessness" is used in the criminal law and it is clearly distinct from the concept of civil negligence.
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