Recklessness

Question 1

What is recklessness?

Answer 1

Less culpable form of men’s rea based on unjustified risk-taking.

Question 2

What happened in r v Cunningham 1957?

Answer 2

Defendant fractured gas pipe trying to steal money which leaked gas to neighbouring property where woman was sleeping -endangering life.

Maliciousness was defined as foresight of consequences-either the defendant intended the consequences or foresaw the consequence and recklessly took the risk that harm would occur.

Question 3

What is the Cunningham subjective recklessness test?

Answer 3

It requires the defendant to be aware that his actions might cause the actus reus of a particular offence (foreseen that a particular type of harm might be done but goes ahead even with this awareness
So…if the actus reus does occur then the defendant will have been reckless in bringing it about.

But if the defendant has not foreseen the risk they cannot be liable-seen as a limitation to avoid liability even if the risk could be foreseen by an ordinary person was seen as a negative.

Test is applied to all offences