1. Does there have to be an Unlawful act to use SRM?
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2. 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
3. What must the act be, to be classed under subjective recklessness?
- Objectively dangerous
- Subjectively dangerous
- Just dangerous
4. Does Subjective reckless take into account the defendants age or mental capacity?
5. 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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