Recklessness

• Recklessness


  Defined as where the defendant forsees the risk they were taking, but decided they would proceed anyway
• Subjective recklessness is the next level down from intention regarding mens rea for criminal liability. 
• Subjective Recklessness

  This type of recklessness was initially set out in R v Cunningham
• In order to satisfy this type of recklessness, a defendant must be aware that a risk exists or will exist, or that result will occur or that there is a risk that it will and, in the circumstances known to the defendant, they unreasonably go on to take the risk.
• This approach means that a defendant must foresee a risk or result and unreasonably go on to take the risk. The position is therefore subjective, not only on the foresight of the risk, but also on the reasonableness of the defendant’s actions. 
• • A defendant will be reckless if they are aware that a risk exists and go on unreasonably to take that risk.
  • The defendant’s awareness of the risk is considered subjectively.
  • The reasonableness of taking the risk is assessed objectively.
  • Objective recklessness, whilst not being fully relevant, may be a consideration.
• Objective recklessness - Metropolitan police Commissioner v Caldwell