Subjective recklessness

• Recklessness

  • D knows there is a risk of the consequence but takes the risk
• Case of cunnigham

  • Explanation of recklessness
• Past problems (recklessness)

  • Used to be two levels

  1. Subjective - D realised the risk and still decided to take it (IN CURRENT USE)
  2. Objective - Ordinary person would have realised the risk therefore D is guilty even if they did not realise the risk
• Current Problems

  • Law may not be fair on innocent victims because the D may not be guilty if they weren't subjectively reckless
  • D can easily avoid liability - prosecution has to prove D is aware of the risk