Men's Rea Recklessness

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what is the definition of recklessness?
it is the taking of an unjustified risk
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what is the case for Cunningham recklessness ?
R v Cunningham 1957
Defendant broke into house next too his mother in law, he tried breaking into the gas meter but fractured a gas pipe, gas filled the house got through cracks to his mother in law who was sleeping, she nearly died but he didn't intend t
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What is the case for Caldwell recklessness?
defendant sacked from hotel job, spent the day getting drunk, then went into the hotel and started a fire, didnt injure anyone and it was put out, he was charged with criminal damage and being reckless as to whether life was being endangered
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how is a person defined to be reckless?
if they do an act which in fact creates an obvious risk and when he does that he either:
a) has not given any thought to possible risks
b) has recognised risk but still went through with it
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what are the problems with Caldwell?
Injustice
Elliot v C 1983
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Card 2

Front

what is the case for Cunningham recklessness ?

Back

R v Cunningham 1957
Defendant broke into house next too his mother in law, he tried breaking into the gas meter but fractured a gas pipe, gas filled the house got through cracks to his mother in law who was sleeping, she nearly died but he didn't intend t

Card 3

Front

What is the case for Caldwell recklessness?

Back

Preview of the front of card 3

Card 4

Front

how is a person defined to be reckless?

Back

Preview of the front of card 4

Card 5

Front

what are the problems with Caldwell?

Back

Preview of the front of card 5

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