Recklessness Flashcards
What is objective recklessness vs. subjective recklessness?
Objective recklessness asks if a particular risk would have been obvious to the reasonable person (and is not concerned with whether the risk occurred to the individual actor)
Subjective recklessness is the conscious running of an unjustifiable risk
What is the definition of recklessness from the Model Penal Code?
A person acts recklessly with respect to a material element of an offence when he consciously disregards a substantial and unjustifiable risk that the material element exists or will result from his conduct.
Give the two elements of subjective recklessness.
The conscious running of an unjustifiable risk
(i) The risk must be one which is unjustifiable to run – this limb is objectively determined.
(ii) The decision to take the risk must be conscious – in other words, subjective.
Objective recklessness asks if a particular risk would have been obvious to the reasonable person (and is not concerned with whether the risk occurred to the individual actor)
Subjective recklessness is the conscious running of an unjustifiable risk
What is objective recklessness vs. subjective recklessness?
Husband and wife are part of a team that robs a Bank. As part of their escape, they shoot an off-duty Garda who gives chase when they are trying to escape. Give key case summary.
DPP v Murray - KEY CASE
A person acts recklessly with respect to a material element of an offence when he consciously disregards a substantial and unjustifiable risk that the material element exists or will result from his conduct.
What is the definition of recklessness from the Model Penal Code?
Two men caused another man to fall to the ground and hit his head, an injury from which he later died. Trial judge did not correctly define recklessness for jury. Supreme Court referred to Murray as precendent for recklessness definition.
The People (DPP) v Cagney and McGrath [2008]
Drunk guy set fire to a hotel. Conviction upheld based on application of objective recklessness mens rea.
R v Caldwell [1982]
Kids set fire in an alley and unintentionally set fire to some buildings in the process. Give key case summary.
R v G [2004] - KEY CASE
The conscious running of an unjustifiable risk
(i) The risk must be one which is unjustifiable to run – this limb is objectively determined.
(ii) The decision to take the risk must be conscious – in other words, subjective.
Give the two elements of subjective recklessness.
