Recklessness

Recklessness is the taking of an unjustified risk.

The first test for recklessness is subjective i.e. the defendant is aware of the risk, willing to take the risk and takes it deliberately. The question that needs to be asked is "was the risk in the defendant's mind at the time the crime was committed?"

This test was established in R v Cunningham 1957.

In this…