Recklessness
What the Commission has been asked to do
26 The Victorian Law Reform Commission has been asked by the Attorney-General to:
• review the use of recklessness in relation to offences against the person in Part I, Division 1(4) of the Crimes Act
• consider if the Crimes Act should be amended to include a definition of recklessness for offences against the person, and if so, whether the maximum penalties for offences against the person should change
• develop a set of guiding principles that could be used to review the use or proposed use of recklessness as a fault element in other categories of Crimes Act offences
• have regard to:
– the meaning of recklessness for offences in other Australian and relevant common law jurisdictions, particularly other offences against the person
– the approach and reasons for using ‘probably’ to express the fault element for recklessness in reforms to Part I, Division 1(8A)–(8F) of the Crimes Act[28]
– the operation of any statutory minimum terms of imprisonment
– the potential impact of any recommended changes on all parts of the criminal justice system (for example, impacts due to changes in prosecution, conviction or incarceration rates).
27 The Commission has been asked to deliver its report to the Attorney-General by
29 February 2024.
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These sections cover rape, sexual assault and associated sexual offences, including offences against children and persons with a cognitive impairment or mental illness, offences relating to child abuse material, and sexual servitude offences.