Criminal Justice (Smuggling of Persons) Bill 2021: Committee Stage
Seanad Éireann — 2021-10-07
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James Browne (FF), Wexford

Recklessness has been well defined by the criminal courts over the years and they have dealt with this situation through our criminal code. It is more than mistake and more than negligence. It is just shy of actual deliberate intent. It concerns someone acting with a lack of regard in the face of a situation he or she should be very much aware involves a real risk. To remove the reference to recklessness would leave the prosecutorial system in an almost impossible situation falling back of trying to show intent. It is extremely difficult to prove intent in court beyond a reasonable doubt.

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Record URI: https://data.oireachtas.ie/akn/ie/debateRecord/seanad/2021-10-07/debate/main
Retrieved: 2026-08-14T04:49:40+00:00
Sitting date: 2021-10-07