Recklessness

Question 1

When the offence required recklessness, what does the prosecution need to prove?

Answer 1

That the defendant took and unjustified risk knowing that a prohibited risk may happen

Question 2

What is recklessness?

Answer 2

When the defendant took an unjustifiable risk knowing a prohibited result may happen

Question 3

When was the first use of the phrase ‘subjective recklessness’?

Answer 3

R v Cunningham (1957)

Question 4

What is the case of R v Cunningham (1957) relevant to?

Answer 4

The first use of the phrase subjective recklessness

Question 5

What case happened in 1957?

Answer 5

R v Cunningham

Question 6

In what year did the case of R v Cunningham happen?

Answer 6

1957

Question 7

What happened in the case of R v Cunningham (1957)?

Answer 7

The defendant pulled a gas meter from a wall to steal some money and some gas seeped through to next door and made his future mother in law very ill

Question 8

What was the outcome of R v Cunningham (1957)?

Answer 8

He was charged with ‘maliciously administering a noxious thing so as to endanger life’ under s23 of the offences against a persons act 1861. The court of appeal held that ‘malicious’ could mean intentionally or recklessly, but the defendant did not have the intention so the court considered recklessness. As a result they formed the subjective recklessness test.

Question 9

How did Caldwell (1981) change the test for recklessness?

Answer 9

It is not objective

Question 10

What is the case of Caldwell (1981) relevant to?

Answer 10

The test for recklessness becoming objective rather than subjective

Question 11

What case changed the test for recklessness from subjective to objective?

Answer 11

Caldwell (1981)

Question 12

What year was the case of Caldwell?

Answer 12

(1981)

Question 13

What case happened in 1981?

Answer 13

Caldwell

Question 14

What was the objective test set out in Caldwell (1981)?

Answer 14

That a defendant could be seen as reckless if he/she did an act creating an obvious risk even if the defendant was not aware of the risk

Question 15

Look at these cards may take out (Caldwell)

Answer 15

H

Question 16

In the mens rea hierarchy, where does recklessness fall?

Answer 16

It is the lower level of mens rea

Question 17

Why was Caldwell (1981) overruled?

Answer 17

The definition caused lots of problems for the court and led to injustices as it was so harsh

Question 18

What case happened in 2003?

Answer 18

R v G and another (2003)

Question 19

What year was the case of R v G and another?

Answer 19

2003

Question 20

What is the case of R v G and another (2003) relevant too?

Answer 20

The case of Caldwell (1981) being too harsh and being overruled by the subjective test created in this case

Question 21

What was the test set out in R v G and another (2003)?

Answer 21

A person acts recklessly in respect to:
A circumstance when he is aware that it exists or will exist
A result when he is aware of a rush that will occur

Question 22

Briefly, what are the evaluation points for recklessness?

Answer 22

Subjective is fairer
Nearly impossible to prove defendants mind state at the time
Harsh on the victims

Question 23

Why was Caldwell (1981) overruled?

Answer 23

The definition caused lots of problems for the court and led to injustices as it was so harsh

Question 24

What case happened in 2003?

Answer 24

R v G and another (2003)

Question 25

What year was the case of R v G and another?

Answer 25

2003

Question 26

What is the case of R v G and another (2003) relevant too?

Answer 26

The case of Caldwell (1981) being too harsh and being overruled by the subjective test created in this case

Question 27

What was the test set out in R v G and another (2003)?

Answer 27

A person acts recklessly in respect to: A circumstance when he is aware that it exists or will exist A result when he is aware of a rush that will occur

Question 28

Briefly, what are the evaluation points for recklessness?

Answer 28

Subjective is fairer Nearly impossible to prove defendants mind state at the time Harsh on the victims

Question 29

Why is subjective recklessness fairer than objective recklessness?

Answer 29

Because it can take into account characteristics of the defendant which mean they are less likely to foresee the risk of their actions e.g age, learning difficulties

Question 30

What is the problem with mens rea?

Answer 30

It is near enough impossible to prove the defendants state of mind at the time of the offence so judges and juries have to make a judgement

Question 31

Why is it argued the subjective test is harsher on victims?

Answer 31

It's harsher for victims and their families because they may feel the defendant should be punished for their risky behaviour which might have caused death or serious injury which might seem glaringly obvious to most people

Question 32

What questions did the legal philosopher Hart propose?

Answer 32

Is it fair to apply an objective test to ordinary people who are capable of appreciating a risk? Is it too lenient to not punish an adult who is perfectly capable of appreciating there is a risk but hasn't bothered to consider it?