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- Certain statutory and common law offences allow the prosecution to prove the mens rea on the basis of ‘recklessness’. In essence, recklessness means the taking of an unjustified risk by the accused that leads to unlawful harm or damage.
www.lexisnexis.co.uk/legal/guidance/recklessness-in-criminal-casesRecklessness in criminal cases | Legal Guidance - LexisNexis
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What does recklessness mean in criminal law?
What does'recklessness' mean in a criminal case?
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Does a subjective test apply to recklessness?
In general terms, being reckless refers to the taking of an unjustified risk. Recklessness in criminal law has given rise to more difficulty. In particular the question as to whether a subjective test should apply to recklessness or whether an objective test should apply.
- 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
Aug 14, 2019 · To describe recklessness in terms of ‘wanton indifference’ suggests that the accused has a deliberate lack of concern regarding whether or not harmful or injurious consequences result from his actions. This suggests that a known risk has been ignored thus is indicative of subjective recklessness.
Key point. The objective test for recklessness (known as Caldwell recklessness) was rejected in favour of a subjective test. Facts. Two boys (Ds) set fire to newspapers in the back of a shophouse, and burnt down supermarket and adjoining buildings. They were charged under s1 Criminal Damage act 1971 for reckless arson. Held (House of Lords)
How is recklessness in the criminal law now defined? Does the law draw a clear and satisfactory distinction between reckless and negligent behaviour, or between recklessness and intention? Generally, recklessness is defined as the conscious taking of an unjustifiable risk.
Oct 20, 2024 · Recklessness refers to a mental state in which a person disregards a substantial and unjustifiable risk, resulting in harm or potential harm to others. In criminal law, it signifies the awareness and conscious disregard of a known risk, but it stops short of intentional harm.
