Recklessness Flashcards
D Prosecution must show to prove recklessness:
(1) D took a risk which was an unreasonable one to take in the circumstances.
(2) D himself foresaw the risk at the time of his conduct
Requirement (1)
Even small risks should not be taken, unless there is some positively good reason to do so:
Chief Constable of Avon v Shimmen
Shimmen thought he was a martial arts expert. Accidentally broke a window demonstrating his kicking skill. Assuming Shimmen saw even a tiny risk he can be considered reckless
Requirement (2)
Mind completely on other things
R v Cunningham
• Stole money from a gas meter by smashing the cash box and taking the money
• Damaged gas pipe and poisoned the neighbour
• Held he was not reckless as he had no foresight that he might break the pipe or poison someone
• Mind was completely on the theft
Requirement (2)
Car hitting case
Booth v CPS [2006] EWHC Admin 192
Booth walks along the street and sees a friend on the other side of the road. Booth runs across the road and is hit. Owner of the car launches private prosecution for criminal damage. Booth foresees a risk of a car coming, therefore taking a risk. Does he foresee damage to the car. Booth convicted as it was decided that his foresight of being hit and of damaging the car cannot be separated
Requirement (2)
Suicide case
Jones v First Tier Tribunal and Criminal Injuries Compensation Authority
Commits suicide by jumping in front of a truck who couldn’t possibly avoid killing him. Truck driver injured. Any reason to believe suicidal man had any thought of anyone else?
If you would normally be aware of the risk but forget it due to anger then still reckless
R v Parker
Car broke on the motorway. Try to call from a phone box. Doesn’t work so he smashes it down and it breaks. Says he wasn’t thinking about it and therefore was not reckless. Must generally know that doing that will break the phone and to deliberately withhold faculty of reason does not defy that. Found to be reckless.
