Zusammenfassung der Ressource
Recklessness
- Lower level mens rea to intention
- It is the taking of an unjustified risk
- Defendant realised the risk but decided to
take it anyway
- E.g Savage
- Was the women aware of the risk when she threw the drink?
- Recklessness can be applied to most offences
- The explanation of the word recklessness comes from the case of cunningham
- This offence involved the word 'malicious'
- this indicates the mens rea required
- RvG confirmed Cunningham recklessness
- RvG suggest that Cunningham
recklessness is now appplied to all cases of
recklessness