Recklessness Cases

Question 1

D pulled gas money off wall to save money, in doing so, he ruptures a gas pipe allowing gas to seep into neighbours house and poison them. Established subjective test for recklessness

Answer 1

Cunningham

Question 2

Subjective test was used. A schizophrenic tramp lit a fire in a haystack to keep warm not foreseeing the the hay would catch fire. Conviction quashed.

Answer 2

R v Stephenson

Question 3

An element of subjectivity was implemented into the subjective test for recklessness suggesting that account should be taken of whether D should have foreseen a particular risk

Answer 3

Metropolitan Police Commissioner v Caldwell 1982

Question 4

14 year old girl with learning difficulties set a shed on fire and destroyed it. Found guilty of criminal damage after using objective test, Cunningham reckless

Answer 4

Elliot v C 1984

Question 5

Indicated that Caldwell was wrong for cases of criminal damage and should no longer be used

Answer 5

R v G and R