Case Study Check Flashcards
R v G & R [2003]
Purpose: Recklessness is subjective to age, experience and understanding of the defendant rather than on the standard of a hypothetical ‘reasonable’ person who might have better knowledge.
Story: 11 & 12 year old lit fire to newspapers behind Coop and put them in a wheelie bin. The fire spread to the building causing £1 million of damage, defence was they expected the fire to burn self out.
Recklessness Case Study
R V G & R [2003]
R V Webster and Warwick [1995]
Purpose: Trial by actual damage or intended damage? Found recklessness of action means you can trial by actual damage.
Story: Webster threw something on he train and Warwick through stone/brick on car windscreen. In both cases the glass endangered life and where found to be guilty of aggravated criminal damage (instead of just criminal damage)
Recklessness/Damage caused vs damage intended
R V Webster and Warwick [1995]
R v Shivpuri [1986]
Purpose: You can be charged with attempting an impossible crime
Story: Shivpuri was arrested in possession of what he believed to be prohibited drugs, which is confessed to the officers. He was still charged under Section 1 of the Criminal Attempts Act for attempting the offence.
Attempt the impossible
R v Shivpuri [1986]
