Mens Rea - Recklessness

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  • Created by: Max_
  • Created on: 26-01-16 08:59



This is where the defendant is knowing of the risk but decides to take it anyway. This is a lower level of blame in comparison to direct intention and oblique intention.

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R v Cunningham Case facts

R v Cunningham

This was where the defendant broke into his mother-in-law's neighbours and attempted to steal the money from the meter. While stealing the money, he broke the gas system. Causing gas to seep through the walls into the neighbours house. His mother-in-law became very ill because of it.

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Recklessness is basiacally when the defendant knows there is a risk and decides to go ahead and take it regardless. As shown in R v Cunningham.

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