Omissions, Recklessness, Causation and Criminal damage

Question 1

How is recklessness defined in criminal law? + What case?

Answer 1

Defined in R v G and R [2004], it involves awareness of a risk and the unreasonable decision to take that risk.

Question 2

What elements does recklessness encompass in criminal law?

Answer 2

Subjective foresight of the risk, the decision to proceed despite the risk, and an objective assessment of the reasonableness of taking the risk.

Question 3

What does Section 1(1) of the Criminal Damage Act 1971 outline?

Answer 3

The offence of intentionally or recklessly damaging property belonging to another without lawful excuse.

Question 4

What additional element is required for offences under Section 1(2) of the Criminal Damage Act 1971?

Answer 4

Intention or recklessness regarding endangering life through property damage.

Question 5

What are the actus reus and mens rea required for an offence of criminal damage?

Answer 5

Actus reus involves the damage or destruction of property. Mens rea requires intention or recklessness regarding the damage, and for s.1(2), an additional element regarding life endangerment.

Question 6

What provides a lawful excuse under s.5 of the Criminal Damage Act 1971 for s.1(1) offences?

Answer 6

-Believed consent to damage , or. self defence and reasonable force or protecting the property + reasonable means + honest belief it needed protected.

Question 7

What legal theorists have written heavily on these topics that you can refer to?

Answer 7

-M Dsouza discusses the distinction between acts and omissions in criminal conduct.
-A.P. Semester and G.R. Sullivan discuss nuances in attributing causal responsibility.
-G Williams and S Cunningham provide in-depth analysis of the concept of recklessness in criminal law.