Recklessness & Criminal Damage Flashcards
What is recklessness a form of?
a form of mens rea
used when intention is lacking
Which case provides the test for recklessness?
R v G and R [2004]
What is the test for recklessness? (2)
A person acts recklessly… with respect to —
1. a circumstance when he is aware of a risk that it exists or will exist;
2. a result when he is aware of a risk that it will occur;
and it is, in the circumstances known to him, unreasonable to take the risk.
What 3 key questions must be asked for recklessness?
- Did D subjectively see the risk of X?
- Did D take the risk?
- In the circumstances known to D, was it objectively unreasonable to do so?
What does the first question of recklessness address? (2)
- which case discusses the 2nd element?
- subjective foresight
- Wilful blindness -> R v Parker [1971]
What statute states how the courts decide subjective foresight?
Criminal Justice Act 1967 s.8
Who does the third question separate from other people?
people like surgeons
What standard does the third question set?
- Which case supports this?
- an objective standard -> unlike 1. which sets a subjective standard
- Chief Constable of Avon v Shimmen [1987]
What must you always do when stating whether someone is reckless?
you must always say reckless as to something -> you can’t just be reckless
What statute helps us with Criminal Damage?
Criminal Damage Act 1971
What does s.1 CDA 1971 say?
the definition of criminal damage
What is the actus reus of the crime?
a person who without lawful excuse destroys or damages any property belonging to another
What is the mens rea of the crime?
intending to destroy OR being reckless as to whether any property is destroyed
What does s.2 CDA 1971 say?
- provides us with a more serious crime
- a crime involving the endangerment of another person’s life
What does s.5 CDA 1971 say?
- provides unusually generous statutory defences
- always check to see whether a defence applies
