Recklessness

Question 1

Case of Caldwell

Answer 1

D claimed he did not foresee endangering life when he set fire to a hotel. Held- guilty as a RP would have.

Question 2

What is subjective Cunningham recklessness?

Answer 2

Conscious taking of an unnecessary risk.

• D takes an unjustifiable risk.
• D was aware of the risk.

Question 3

Case of Cunningham

Answer 3

D broke into an unoccupied house to steal from the gas meter. He was unaware it was still connected to the supply. Gas poisoned the V next door. Not guilty as he did not subjectively realise the risk and take it.

Question 4

What word implies recklessness?

Answer 4

Malicious

Question 5

Case of R v G and another

Answer 5

Two boys (11 and 12) set fire to a wheelie bin. Caused £1 million of damage. Crown court held- guilty. 
"No allowance is made by the law for the youth of these boys or their lack of maturity or their own inability.. To assess what was going on" trial judge

Question 6

Case of Elliot v C

Answer 6

D was girl,14, of low intelligence who started a fire in a shed. Mags initially acquitted her but P appealed by way of case stated. Held- risk obvious to RP so D was guilty (low intelligence is no defence)

Question 7

What is objective Caldwell recklessness?

Answer 7

An objective test- D is reckless if a RP would have realised the risk.
Created in 1981
Abolished in 2003