Case Study Check

Question 1

R v G & R [2003]

Answer 1

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.

Question 2

Recklessness Case Study

Answer 2

R V G & R [2003]

Question 3

R V Webster and Warwick [1995]

Answer 3

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)

Question 4

Recklessness/Damage caused vs damage intended

Answer 4

R V Webster and Warwick [1995]

Question 5

R v Shivpuri [1986]

Answer 5

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.

Question 6

Attempt the impossible

Answer 6

R v Shivpuri [1986]