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Nadine Allen




Recklessness


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
people
2 types of recklessness:
OBJECTIVE
SUBJECTIVE
But only subjective recklessness is used today
OBJECTIVE RECKLESSNESS (OR) ­ a reasonable man would…

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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.
SHIMMEN
D planned to land a kick in front of a shop…

Page 3

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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…

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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. Court followed Caldwell…

Page 5

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Nadine Allen




Evaluation
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…

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