Recklessness

Question 1

Cunningham

Answer 1

D tore gas metre off wall for the money inside, caused gas leak affecting v. Charged under OAPA
Held can be negligent as he had not intended to cause harm nor had he taken a risk he knew about. Subjective test

Question 2

MPC v cladwell

Answer 2

After drinking alch, d set fire to hotel where he worked after a grudge against boss. G of aggravated criminal damage.
Held a person is reckless to wether property is damage where: he does and act creating a risk property will be damaged. When he does the act he has either not given any thought or realised risk and done it anyway.

Question 3

R v G and another

Answer 3

D’s went camping without permission and set fire to newspapers and left without putting them out. Fire set to wheelie bin and then to co op caused £1min damaged.
Held test for criminal damaged: a person acts recklessly to 1) a circumstance when aware of risk existing or will exist 2) a result when he is aware of a risk that it will occur and then take the risk

Question 4

Elliot v C

Answer 4

D of low intelligence started a fire in shed.
Held a risk is one which would have been ovbious to a prudent person, once proved D gave no thought to possibility of being such risk, it is not a defence that due to low intelligence she would not have approached the risk even if thought about

Question 5

Lidar

Answer 5

D drove off whilst having convo with v, v’s head crushed by rear wheel of car. G on reckless GNM
held the probability of serious harm or death was present and the risk assessed and then taken by d

Question 6

Brady

Answer 6

D fell from nightclub fell from balcony onto another person below and squashed them to death. Not guilty as had not contemplated risk due to alcohol

Question 7

Fagan v MPC

Answer 7

D drove accidentally on police officers door but then refused to move car. Issue arises when d refused to move car.
Held offence of common assault can not be commuted by omission. The contribution of the act is the MR