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In essence, recklessness means the taking of an unjustified risk by the accused that leads to unlawful harm or damage. The subjective test for recklessness was reaffirmed by the House of Lords in R v G.
An outline of the law on recklessness and its role in establishing criminal liability. Contains a consideration of the key cases of MPC v Caldwell, R v Cunningham and R v G & R with a consideration of the impact and problems with each type of recklessness.
- Introduction
- Case Law Prior to R V G
- The Facts in R V G
- Issues and Outcome
- The Law Following R V G
- Conclusion
- Bibliography
Recklessness in criminal law has resulted in conflicting opinions as to whether a subjective test should be applied or an objective test. Under the Criminal Damage Act 1971 s1 a person acts recklessly when they are are aware of the risk that would occur and it would be unreasonable to take that risk yet they do the act anyway. The law in regards to...
Prior to the case of R v G, there were two main approaches to recklessness. The first was derived from the case of R v Cunningham were the interpretation of recklessness was when the defendant foresees the risk of harm yet does the act anyway. The term malicious was replaced with recklessness and supported by statute as noted in the Criminal Damage...
The defendants were aged 11 and 12 years old at the time of the offence. They went camping against their parents permission and set fire to newspapers at the back of a shop. Prior to leaving the scene, they threw the newspapers underneath a wheelie bin and the fire spread to the shop and the surrounding buildings causing £1 million worth of damage....
The question raised by the CA in R v G was whether a defendant could be properly convicted under CDA 1971 s1 on the basis that he was reckless as to whether property was damaged when no thought was given to the risk, and they did not think about the risk due to age or personal characteristics. The CA upheld the conviction, however the House of Lord...
Following the case of R v G, the court have applied the definition of recklessness to several cases in relation to voluntary intoxication where the defendant’s foresight of the risk at the time of intoxication is not investigated. What the court is concerned with is whether the defendant, if sober, would have noticed the risk at the time of acting....
There are still issues that arise from the application of recklessness within the criminal law. If the approach to recklessness is too subjective, guilty parties can easily avoid liability. However if the test is too objective it can also lead to injustice. The HL decision in R v G has prompted the question, why was the Caldwell rule not modified i...
Cases
Booth v CPS (2006) EWHC 192, [2006] ALL ER (D) 225 (Jan) R v Briggs (1977) 1 ALL ER 475 R v Cunningham (1957) 2QB 396 R v G and Another [2004] 1 AC 1034 MPC v Caldwell (1982) AC 341 R v Parker (1977) 63 CAS 211 R v Stephenson (1979) QB 695
Legislation
Criminal Damage Act 1971 section 1
Articles
Crosby C, “Recklessness – the continuing search for a definition” JCL 2008 72 (313). Elliot C, “Recklessness: Caldwell test abolished” J.Crim.L.2004, 68 (1) 31-33 Ibbetson D, “Recklessness restored” C.L.J. 2004, 63 (1). Kibel D, “Inadvertent recklessness in criminal law” LQR 2004 (120) Oct, 548-554. Stark F, “It’s only words: On meaning and mens rea” CLJ 2003 72 (1) 155-177
GLOSSARY. Recklessness definition. Copyright © 2024 LexisNexis. What does Recklessness mean? Recklessness is unjustified risk taking. A person acts recklessly with respect to: (i) a circumstance when he is aware of a risk that it exists or will exist; (ii) a result when he is aware of a risk that it will occur; and.
Jun 27, 2022 · Charge selection must address the question of recklessness and intention. It is therefore of critical importance, and good practice, to explain how the evidence in the case directly supports...
Definition of recklessness in Clause 18 of the Law Commissioners Draft Criminal Code (1989): A person acts recklessly with respect to (a) a circumstance when he is aware of a risk that it exists or will exist; (b) a result when he is aware that a risk will occur; and it is, in the circumstances known to him, unreasonable to take that risk
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What is recklessness in criminal law?
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What was the difference between Caldwell recklessness and Cunningham recklessness?
Recklessness is the taking of an unjustifiable risk. There are two levels of recklessness. First, ‘subjective’ recklessness; this is where the defendant realises that a risk may arise if a certain action is taken, and in spite of this he takes that action and ignores the consequences involved.
