1. What are the two parts to the Subjective Recklessness test outlined by Cunningham?
- Intents to cause GBH, Does know there is a risk
- Intends to injure, Realises risk and proceeds
- Intents to murder, Doesn't know there is a risk
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2. What must the act be, to be classed under subjective recklessness?
- Objectively dangerous
- Subjectively dangerous
- Just dangerous
3. 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
4. Does there have to be an Unlawful act to use SRM?
5. In which case did the defendant accidentally set fire to a haystack, in order to keep warm?
- Barnes & Noble
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