Subjective recklessness Flashcards
1
Q
What is meant by subjective reckless?
A
-subjective
-understand the risk that they are running
2
Q
What is meant by recklessness?
A
-a mens rea which is where the defendant takes an unjustifiable risk.
3
Q
Which case defines recklessness?
A
R V Cunningham
4
Q
Which two cases outline subjective recklessness?
A
-R V Cunningham
-R V G and another.
5
Q
R V Cunningham?
Created the subjective test for recklessness.
A
-the defendant to foresee the chance or possibility of the result occurring
6
Q
R V G and another?
A
-recklessness is always subjective
-The defendant must know that there is a risk but go ahead regardless.
-kids cause 1M of damage- accused of arson.
