Mens Rea (recklessness)

Question 2

What’s the test for recklessness

Answer 2

• Cunningham test
• Caldwell test

Question 3

Cunningham facts

Answer 3

• hard up D tears gas meter from wall allowing gas to escape
• gas partially asphyxiates the owner of the house next door
• court of appeal had to determine the meaning of the word ‘malice’ in the offences against the person act 1861 which in tern required them to determine the meaning of the word ‘reckless’

Question 4

What did Byrne J state about the words malice and recklessness

Answer 4

• ‘malice must be taken not in the old vague sense of wickedness in general but as requiring either (1) an actual intention to do the particular kind of harm that in fact was done or (2) recklessness as to whether such harm should occur or not… it is neither limited to nor does it indeed require any ill will towards the person injured”

Question 5

An example of when the Cunningham test was applied

Answer 5

• Stephenson
  + schizo lit a fire near a straw stack to keep warm
  + the straw stacks caught fire causing £3,500 worth of damage

Question 6

What is the Caldwell test

Answer 6

• early 1980s House of Lords held that a different teats for recklessness applied in cases involving damage to property

Question 7

Where was the potential for the Caldwell test to result in injustice demonstrated

Answer 7

• Elliott v C
  +14 year old mentally handicapped girl burnt down a shed while playing with white spirit matches
• Coles
  + 15 year old set fire to a hay barn

Question 8

What about in the case where the d deliberately closes their mind to an a virus risk

Answer 8

• falls within the Cunningham test
• Parker
  + D lost his temper in the telephone box
  + smashed the telephone handset on the railing unit of the telephone