Which case overruled the objective test of recklessness?

R v G and another [2003] overruled MPC v Caldwell [1982] and restored the subjective test. Two boys aged 11 and 12 who set fire to newspapers had not appreciated the risk of spreading.

Why was the objective test of recklessness criticised?

The objective test convicted defendants who genuinely never saw the risk, including children and those of low capacity. Conviction for a risk never perceived offends the fault principle.

State the two limbs of recklessness after R v G [2003].

A defendant is reckless as to a result when aware of an unreasonable risk that it will occur. A defendant is reckless as to a circumstance when aware of a risk that it exists.

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Criminal Law: General Elements of Liability

Recklessness, negligence and transferred malice

3 things to know
Components 2 and 3

Overview

Recklessness in criminal law, negligence as a form of fault and offence that can be committed negligently.

What you need to know

Answer each one before you reveal it.

Your recallNot started

Key term

Define recklessness in criminal law.

Numbers

Which case established the subjective test of recklessness?

Numbers

What test of recklessness did MPC v Caldwell [1982] introduce?

Questions from this subtopic

Each one with the model answer underneath.

1
Define recklessness in criminal law.
Model answer
Recklessness is the conscious taking of an unjustified risk. The defendant must be aware of the risk and go on to take it.
2
Which case established the subjective test of recklessness?
Model answer
R v Cunningham [1957] held that malice means intention or recklessness as to the harm in question. The defendant must actually foresee the risk of that harm.
3
What test of recklessness did MPC v Caldwell [1982] introduce?
Model answer
MPC v Caldwell [1982] introduced an objective test covering a defendant who failed to think about an obvious risk. Liability could follow even where the risk never crossed the defendant's mind.
4
Which case overruled the objective test of recklessness?
Model answer
R v G and another [2003] overruled MPC v Caldwell [1982] and restored the subjective test. Two boys aged 11 and 12 who set fire to newspapers had not appreciated the risk of spreading.
5
Why was the objective test of recklessness criticised?
Model answer
The objective test convicted defendants who genuinely never saw the risk, including children and those of low capacity. Conviction for a risk never perceived offends the fault principle.
6
State the two limbs of recklessness after R v G [2003].
Model answer
A defendant is reckless as to a result when aware of an unreasonable risk that it will occur. A defendant is reckless as to a circumstance when aware of a risk that it exists.

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