Recklessness Flashcards
What is recklessness?
A state of mind essentially concerned with unjustified risk-taking
What approach is taken to interpret recklessness?
Subjective interpretation
When are the conditions of subjective recklessness satisfied?
When the defendant foresees the consequences of the action being probable or possible
In what two ways can a person act recklessly?
1) a circumstance when they are aware of a risk that exists or will exist;
2) a result when they are aware of the risk that will occur
AND they are aware from the circumstances known to them that it is unreasonable to take the risk
What two things must be considered to establish recklessness?
1) the degree of risk actually foreseen by the defendant, which they are aware of,
2) whether the action was unreasonable
Are smaller risks regarded as more reasonable?
No - the size of the risk does not determine whether it is reasonable or not. Each case is decided on merit.
Who decides if a risk was reasonable?
The court
What is the key question when determining subjective recklessness?
Was the defendant aware of the risk?
What is meant by the axiom Different Crime = Different Risk?
That, depending on the crime considered, the NATURE of the risk the defendant needed to be aware of will be different
What are the two types of recklessness?
1) Objective recklessness
2) Subjective recklessness
What is objective recklessness?
Someone takes a risk and it’s obvious it’s a crime (to a third party)
- What is subjective recklessness? *
The defendant is aware of the risk - they foresee the possibility - but they go on and take the risk anyway
