1. In which case did the defendant accidentally set fire to a haystack, in order to keep warm?
- Barnes & Noble
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2. Does there have to be an Unlawful act to use SRM?
3. Does Subjective reckless take into account the defendants age or mental capacity?
4. What happened in the case of Gemmel & Richards (2004)?
- Boys aged 11&12 set alight some paper and threw it in a bin - not guilty as not aware of the risk
- Boys aged 11&12 set alight some paper and injured an elderly passer by - Guilty foreseeable risk
- Boys ages 15&16 set alight some paper and threw it in a bin - guilty as it was a foreseeable risk
5. What are the two parts to the Subjective Recklessness test outlined by Cunningham?
- Intends to injure, Realises risk and proceeds
- Intents to murder, Doesn't know there is a risk
- Intents to cause GBH, Does know there is a risk
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