SUBJECTIVE RECKLESSNESS

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Created by
Isha

Cards (3)

  • Recklessness - where the defendant realised the risk, but decided to take it.
  • It has to be proved that the defendant realised the risk, but decided to take it. This is a subjective test.
  • R v CUNNINGHAM (1957) - The defendant tore a prepayment gas metre from the wall of an empty house in order to steal the money in it. This caused gas to seep into the house next door. He was found not guilty since he didn’t realise the risk of gas escaping into the adjacent house. He hadn’t intended to cause the harm, nor had he taken a risk he knew about - he wasn’t reckless