Recklessness Info A2 Law OCR G153

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  • Created on: 03-06-14 20:50
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Nadine Allen
What is recklessness?
Type of mens rea ­ lower than intention
The taking of an unjustifiable risk e.g. throwing a firework into a crowd of
2 types of recklessness:
But only subjective recklessness is used today
OBJECTIVE RECKLESSNESS (OR) ­ a reasonable man would realise there's a risk
to what is happening
SUBJECTIVE RECKLESSNESS (SR) ­ the D realises there's a risk but goes ahead
and takes it anyway
Judges didn't like to just OR and despite the precedent (of objective) they
started to use SR:
a) In acts using the word maliciously (SAVAGE)
b) Assault and Battery cases (SAVAGE)
c) Rape cases (SATNAM)
d) Reckless driving was changed to dangerous/careless driving
So by mind 1990s objective recklessness was only being used in criminal
damage cases. In 2003 the law was finally settled in G and R, SR is to be used
in all crimes.
Reckless manslaughter
Its existence was confirmed in 2000 by Lidar
V approached D in his car and there was an argument. The D drove off whilst V
was half in his car window and V fell and was run over by D. D was guilty of SR
manslaughter. If D foresees a high probable risk of death/serious injury.

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Nadine Allen
Possible loophole in the law
What if D considers a risk but diminishes the risk? He is technically not reckless
so in theory this is a loop hole but the courts are reluctant to accept it.
D planned to land a kick in front of a shop window but his foot went through
the window. D claimed he wasn't reckless as he had diminished the risk. The
courts didn't agree.…read more

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Nadine Allen
Facts ­ D has a grievance against a hotel owner. He got very drunk and decided
to set fire to the hotel, the fire was put out quickly without any serious
damage. D was charged with arson, this requires that D intended to endanger
life or was reckless as to whether life was endanger. D claimed that he was so
drunk he hadn't realised people's lives might be endangered.…read more

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Nadine Allen
Facts ­ 14yr old girl with learning difficulties poured white spirit into a shed and
lit it. Whole shed caught alight. She didn't know the risk of what she was doing.
Decision ­ found guilty as a reasonable person man/adult would have realised
the risk.…read more

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Nadine Allen
Subjective Objective
Things are seen by the defendants Unfair on children and people of low
point of view IQ as they aren't the same as a
`reasonable man'
Very difficult to prove how someone Protects people from other peoples
is/was thinking stupidity
Fairer in cases with young Everyone is treated the same and a
people/people of low IQ (Elliott) jury panel of 12 can decide who a
reasonable person is
5…read more


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