1043 (b) having regard to the circumstances known to him or her, it is unjustifiable to take the risk. (2) A person is reckless with respect to a result if— (a) (b) he or she is aware of a substantial risk that the result will occur; and having regard to the circumstances known to him or her, it is unjustifiable to take the risk. (3) The question whether taking a risk is unjustifiable is one of fact. (4) If recklessness is a fault element for a physical element of an offence, proof of intention, knowledge or recklessness will satisfy that fault element. 22. Negligence A person is negligent with respect to a physical element of an offence if his or her conduct involves— (a) (b) such a great falling short of the standard of care that a reasonable person would exercise in the circumstances; and such a high risk that the physical element exists or will exist— that the conduct merits criminal punishment for the offence. Offences that do not specify fault elements 23. —(1) If the law creating the offence does not specify a fault element for a physical element that consists only of conduct, intention is the fault element for that physical element. (2) If the law creating the offence does not specify a fault element for a physical element that consists of a circumstance or a result, recklessness is the fault element for that physical element. Division 4 — Cases where fault elements are not required 24.—(1) (a) (b) Strict liability If a law that creates an offence provides that the offence is an offence of strict liability— there are no fault elements for any of the physical elements of the offence; and the defence of mistake of fact under section 35 is available. (2) If a law that creates an offence provides that strict liability applies to a particular physical element of the offence— (a) (b) there are no fault elements for that physical element; and the defence of mistake of fact under section 35 is available in relation to that physical element. (3) The existence of strict liability does not prevent an offender from raising any other defence that is applicable to the offence for which he or she is charged. 25.—(1) Absolute liability If a law that creates an offence provides that the offence is an offence of absolute liability— (a) there are no fault elements for any of the physical elements of the offence; and (b) the defence of mistake of fact under section 35 is unavailable. (2) If a law that creates an offence provides that absolute liability applies to a particular physical element of the offence: (a) (b) there are no fault elements for that physical element; and the defence of mistake of fact under section 35 is unavailable in relation to that physical element. (3) The existence of absolute liability does not prevent an offender from raising any defence that is applicable to the offence for which he or she is charged.