Flashcards
Mens Rea - Recklessness
Flashcards do conjunto (8)
- 1Cunningham (1957)Found not guilty of s23 OAP Act 1861 (maliciously administering a noxious thing) as he had not intended to cause the harm, nor had he taken a risk he knew about.
Defined maliciously: doing something intentionally or being subjectively reckless about the risk involved - 2Savage (1992)Confirmed the definition of maliciously from Cunningham applies to all offences where the statutory definition uses the word
- 3Metropolitan Police Commissioner V Caldwell (1981)Conviction upheld, resulting in the introduction of objective recklessness where D need not appreciate the risk but a reasonable person would have
- 4Elliot V C (1983)Guilty as an ordinary adult would have realised the risk
- 5G & AnotherLaw Lords quashed the conviction stating that in Caldwell they had adopted an interpretation of s1 CDA 1972 which was ‘beyond the range of feasible meanings’.
Approved definition of recklessness set out in the draft criminal code:
‘recklessly with respect to:
(a) A circumstance when he is aware of a risk that it exists or will exist;
(b) 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 that risk.’ - 6A-G’s Reference (No. 3 of 2003) (2004)Subjective recklessness test applied to all areas of law including the common law offence of wilful misconduct in a public office
- 7Adomako (1994)Re-introduced a gross negligence test for manslaughter rather than recklessness in any form
- 8Lidar (2000)CA affirmed involuntary manslaughter could still be based on subjective recklessness
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- G153 FlashCards sobre Mens Rea - Recklessness, criado por krish_14 em 20-04-2014.
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