Recklessness

Question 1

History of recklessness

Answer 1

Cunningham (1957)
Overruled by Caldwell (1982)
Then by NOW CURRENT LAW

R V G AND R (2003)

Question 2

R v G and R (2003)

Answer 2

Newspaper set on fire by an 11 and 12 year old

A person acts reckless within the meaning of s1 of the criminal Damage Act 1971

• in a circumstance where he is aware of the risk that it exists or will exist
• a result when he is aware of a risk that will occur and it is in the circumstances known to him unreasonable to take that risk

Question 3

Mens rea

Answer 3

Foresaw a risk of the relevant actus reus

Unreasonably continued to run that risk

Question 4

D must foresee the risk of damage

Answer 4

Stephenson

Schizophrenia
Fire
Haystack

Question 5

Size of the risk foreseen by D is irrelevant

Answer 5

Brady

D drunk in night club
Climbed onto railing, then fell onto the dance floor beneath severely injuring V

Foresight of any risk is sufficient

Question 6

How carefully D considers the presence of the risk is irrelevant

Answer 6

Parker
Smash down the receiver dialling box

Risk must have still entered his mind even if it is suppressed by Anger

Question 7

What the defendant thinks about the risk is irrelevant

Answer 7

Doesn’t matter if they worry and hope that no damage will be caused

Question 8

D must have unreasonably run that risk

Answer 8

Unless there is consent it is likely that the defendant is liable on this count