Recklessness Flashcards
What is the key feature of recklessness in criminal law following R v G?
A. The defendant intended the result
B. The defendant did not foresee any risk
C. The defendant acted negligently without knowing the risks
D. The defendant foresaw a risk and unreasonably went ahead
D. The defendant foresaw a risk and unreasonably went ahead
Explanation: R v G established that recklessness requires subjective foresight of risk and taking it unreasonably.
Which of the following is required for recklessness according to R v G?
A. Awareness of a risk and that taking the risk is unreasonable
B. An intention to commit a criminal offence
C. A motive to cause harm
D. Actual knowledge of the law
A. Awareness of a risk and that taking the risk is unreasonable
Explanation: The two-part test requires that the defendant both foresaw the risk and that it was unreasonable to take.
In assessing whether a risk was reasonable, what should the jury consider?
A. Whether a reasonable adult would have taken the risk
B. Whether the defendant was legally trained
C. Whether the defendant is a repeat offender
D. Whether the act had social utility in the circumstances known to the defendant
D. Whether the act had social utility in the circumstances known to the defendant
Explanation: Jurors assess risk based on what the defendant knew and whether the risk had any social justification.
What kind of test is used to assess recklessness in criminal law post-R v G?
A. Purely objective
B. Mixed objective-subjective
C. Entirely legalistic
D. Purely subjective
D. Purely subjective
Explanation: The court must consider what this specific defendant foresaw and whether taking the risk was unreasonable.
Chris lights a small fire in a field for fun, knowing it might spread. It burns nearby property. He says he “didn’t think it would go that far.” Which mens rea applies?
A. Negligence
B. Intention
C. Oblique intention
D. Recklessness
D. Recklessness
Explanation: Chris foresaw the risk (even if he underestimated it) and went ahead. This fits the definition of recklessness.
Jenna sprays graffiti on a public wall, knowing it could damage the surface. What is the likely mental element for criminal damage?
A. Direct intention
B. Oblique intention
C. Recklessness
D. Dishonesty
C. Recklessness
Explanation: If Jenna foresaw the risk of damage and acted anyway, she meets the threshold for recklessness.
A teenager plays with fireworks near a gas canister and it explodes. He says he didn’t know what was in the canister. What should the jury consider?
A. What a reasonable person would have known
B. What the teenager actually knew at the time
C. What his parents warned him about
D. Whether others were also reckless
B. What the teenager actually knew at the time
Explanation: The jury must assess the reasonableness of risk-taking based only on what D actually knew, per R v G.
Leo jumps onto a train track on a dare, believing he can get off in time. A train nearly hits him. What will determine whether he was reckless?
A. Whether he was warned in the past
B. Whether he was drunk
C. Whether he foresaw the risk and the risk was unreasonable
D. Whether someone actually got hurt
C. Whether he foresaw the risk and the risk was unreasonable
Explanation: The jury will look at whether Leo foresaw a risk and whether it was unjustifiable in the situation.
A doctor performs emergency surgery, aware there is a small risk of death. The patient dies. Is this reckless?
A. Yes, any risk of death is reckless
B. Yes, because there was no consent
C. No, because the risk had social utility and was justified
D. No, because the doctor was acting intentionally
C. No, because the risk had social utility and was justified
Explanation: High-risk medical procedures often have social utility; the risk must outweigh the benefit to be reckless.
Amal throws a bottle into a bin outside a restaurant. Unknown to her, there’s flammable liquid inside. The bin catches fire. Is she reckless?
A. Yes, because the result occurred
B. No, because she did not foresee the specific risk
C. Yes, because she should have checked first
D. No, because the bin is public property
B. No, because she did not foresee the specific risk
Explanation: According to R v G, the jury cannot consider facts unknown to D. She didn’t foresee the flammable liquid, so no recklessness.
Felix plays a prank at school involving a smoke bomb. He hopes to scare but not harm anyone. A student suffers an asthma attack. Could Felix be reckless?
A. Yes, if he foresaw that harm was possible and took the risk
B. No, because he didn’t want to hurt anyone
C. No, because pranks are not criminal
D. Yes, because the student had a pre-existing condition
A. Yes, if he foresaw that harm was possible and took the risk
Explanation: If Felix foresaw any risk of harm and took it without justification, he meets the recklessness test.
Marcia drives 10 mph over the speed limit in a quiet neighbourhood, unaware that a child might run into the road. A child is injured. What must the jury focus on?
A. Whether Marcia’s behaviour was reckless based on what she foresaw
B. Whether Marcia intended to injure the child
C. Whether the victim was partly to blame
D. Whether the speed limit is too low
A. Whether Marcia’s behaviour was reckless based on what she foresaw
Explanation: The jury must assess what Marcia herself foresaw, not what could have been expected generally.
