MR Recklessness

Question 1

R v Cunnigham

Answer 1

Tore out gas meter to steal contents - held must have been aware of the risk to be reckless [SUBJECTIVE 1]

Question 2

Caldwell

Answer 2

D set fire hotel while drunk - Held D liable for Obvious Risks [Objective 2]

Question 3

Lawrence

Answer 3

changed to Obvious and Serious [3]

Question 4

Elliot v C

Answer 4

Girl w learning disability - unduly harsh
She couldn’t appreciate the objective risk

Question 5

Reid

Answer 5

D who considered the risk but misjudged = didn’t fit either

Question 6

R v G & R

Answer 6

set fire thought would die - didn’t [Subjective 4] held innocent

Question 7

DPP v Murray

Answer 7

Case for Intention & Recklessness
Murder of non-uniform garda
4 judges all subjective
One said subj/obj
2 of four mentioned subj in context of Capital Murder
= UNCERTAINTY

Question 8

Clifford

Answer 8

Recklessness = Occured to D that his consequence would bring about result but proceeds anyways

Question 9

Moral Penal Code

Answer 9

S2.02 [2] [c] -D Consciously disregards
Substantial & unjustifiable risk
-
Risk is of Nature & Degree that
Considering D conduct+circumstances
SUBJECTIVE
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CONSCIOUS DISREGARD of SUBSTANTIAL & UNJUSTIFIED RISK