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Consider the meanings of 'recklessness' in criminal law which give rise to this criticism indicating to what extent you agree with it.

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  • Essay length: 1496 words
  • Submitted: 24/09/2003
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University Degree Criminal law

The first 200 words of this essay...

RECKLESSNESS ESSAY

"The Caldwell test fails to make a distinction which should be made between

the person who knowingly takes a risk and the person who gives no thought to

whether there is a risk or not" -SMITH AND HOGAN 1992

Consider the meanings of 'recklessness' in criminal law which give rise to

this criticism indicating to what extent you agree with it.

Proof of recklessness in law is sufficient to establish the mens rea for most criminal offences. There are two types of recklessness: subjective and objective recklessness. Recklessness is the taking of, and being aware of, an unjustifiable risk - that is one which is in no way beneficial to society and it is highly unlikely that a reasonable person would have taken that risk. However, the word had produced uncertainty because there is no statutory definition and judges have produced two meanings of recklessness for different crimes.

It is often difficult for the prosecution to prove that D intended to commit the crime in question and for many offences, it is therefore not necessary to show a high degree of blameworthiness; it is sufficient to prove

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