Define recklessness in criminal law.

Recklessness is the conscious taking of an unjustifiable risk: the defendant realises there is a risk of the prohibited result and goes on to take it anyway.

Which case laid down the subjective test of recklessness?

R v Cunningham (1957), where the defendant tore a gas meter from a wall and the court held that maliciously required foresight of the particular kind of harm.

What did Metropolitan Police Commissioner v Caldwell (1982) add to the law?

It created an objective form of recklessness, under which a defendant was reckless if the risk would have been obvious to a reasonable person even though they never thought about it.

Why was Caldwell recklessness criticised?

It convicted defendants who genuinely never saw the risk, including children and those of low intelligence, so it punished a failure to think rather than a choice to run a risk.

What did R v G (2003) decide?

The House of Lords overruled Caldwell and restored the subjective test, holding that two boys aged 11 and 12 who set fire to newspapers under a wheelie bin were not reckless unless they themselves saw the risk.

WJEC A-Level Law 603-1978-1

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Criminal Law: General Elements of Liability

Mens rea: recklessness and negligence

3 things to know
A2 Units 3 and 4

Overview

Recklessness in criminal law and negligence as a form of criminal fault.

What you need to know

Answer each one before you reveal it.

Your recallNot started

Key term

Explain the significance of the ages of the defendants in R v G (2003).

Key term

Distinguish recklessness from negligence.

Key term

Which offences use recklessness as a sufficient mens rea?

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 unjustifiable risk: the defendant realises there is a risk of the prohibited result and goes on to take it anyway.
2
Which case laid down the subjective test of recklessness?
Model answer
R v Cunningham (1957), where the defendant tore a gas meter from a wall and the court held that maliciously required foresight of the particular kind of harm.
3
What did Metropolitan Police Commissioner v Caldwell (1982) add to the law?
Model answer
It created an objective form of recklessness, under which a defendant was reckless if the risk would have been obvious to a reasonable person even though they never thought about it.
4
Why was Caldwell recklessness criticised?
Model answer
It convicted defendants who genuinely never saw the risk, including children and those of low intelligence, so it punished a failure to think rather than a choice to run a risk.
5
What did R v G (2003) decide?
Model answer
The House of Lords overruled Caldwell and restored the subjective test, holding that two boys aged 11 and 12 who set fire to newspapers under a wheelie bin were not reckless unless they themselves saw the risk.
6
Explain the significance of the ages of the defendants in R v G (2003).
Model answer
Two young boys had failed to appreciate a risk that would have been obvious to an adult, which exposed the injustice of judging a child against an adult standard.

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Law Making in Wales and the UK

Delegated Legislation

Statutory Interpretation

Judicial Precedent

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AThe defendant owed the victim a duty of care and breached it.

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