Recklessness in criminal damage

Question 1

Cunningham 1957

Answer 1

• COA said he would be reckless if had foreseen that the particular harm might have been done and yet took the risk anyway
• Was a subjective test
• Allowed maliciously to mean intention or recklessness

Question 2

What did the law commissions 1970 report say?

Answer 2

• The Cunningham test was appropriate to be used in criminal damage