46177
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?
- Was the women aware of the risk when she threw the drink?
- E.g Savage
- 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
- this indicates the mens rea required
- RvG confirmed Cunningham recklessness
- RvG suggest that Cunningham
recklessness is now appplied to all cases of
recklessness
- RvG suggest that Cunningham
recklessness is now appplied to all cases of
recklessness
- This offence involved the word 'malicious'
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