Mens Rea (recklessness cases) Flashcards
1
Q
Describe what happens in Cunningham?
A
D ripped gas metre of wall, leaked into v’s house, v died.
Judge felt that subjective test was necessary as you must for see the risk of consequence.
2
Q
Describe what happens in Caldwell?
A
d set fire to hotel intoxicated
judge said that d should have for seen the consequence of his actions if he wasn’t intoxicated.
3
Q
describe Elliot v C?
A
d set fire to shed
d wasn’t a reasonable person so she wasn’t convicted as she didn’t for see the consequence.
4
Q
Describe R v R + G?
A
d set fire to bin and set fire to shop
Judge said they were too young to reasonably for see the consequence.