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Recklessness

The word recklessness means the taking of an unjustifiable risk. The risk
may be of a particular consequence occurring or being reckless as to
whether a circumstance exists.
In deciding whether an individual is reckless the jury should consider-
1) How likely the risked consequence was
2) The social…

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Cunningham (1957)
Deft. ripped a gas meter from a wall in order to steal the money inside. He
left a ruptured pipe, leaking gas, which seeped through into the
neighbouring house where the victim inhaled it. He was charged with
maliciously administering a noxious substance so as to endanger life,…

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This new definition did not overrule Cunningham, it merely added an extra
objective element.

This approach was used in Seymour (1983), a reckless manslaughter case,
confirming the new objective rule.

This objective test caused many problems.
The Caldwell rule was unpopular with many judges as it could easily create
injustices.…

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In 2003, with R v Gemmel and Another, the H/L use the practise statement
to overrule Caldwell as they agreed that the Caldwell rule was unfair, hard
for a jury to understand and was heavily criticised by nearly all academics.

R v Gemmel and Another (2003): The 2 defts, aged…

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