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It has been said by an eminent academic commentator that the House of Lords decision in R v G (2004) 1 AC 1034 closes one of the less distinguished chapters of the common law Analysis and Critically evaluate the concept of recklessness in light of this - Essay Example

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The piecemeal judicial approach to recklessness has perpetuated confusion with recklessness effectively have two different legal meanings applied to…
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It has been said by an eminent academic commentator that the House of Lords decision in R v G (2004) 1 AC 1034 closes one of the less distinguished chapters of the common law Analysis and Critically evaluate the concept of recklessness in light of this
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"It has been said by an eminent academic commentator that the House of Lords decision in R v G (2004) 1 AC 1034 closes one of the less distinguished chapters of the common law Analysis and Critically evaluate the concept of recklessness in light of this"

Download file to see previous pages If we firstly the development of law in this area, recklessness covers criminal liability for taking “unjustified” risks4. However, the law relating to liability on grounds of recklessness distinguished between subjective and objective recklessness and has varied according to the type of offence5.
Subjective recklessness was established in R v Cunningham6, where the defendant was charged with the offence of administering a noxious thing as to endanger life. It was determined that the word “maliciously” meant either an actual intention to do that particular type of harm that was in fact done, or recklessness in the sense that the defendant when acting realised there was some risk of harm occurring, but undertook the dangerous act notwithstanding. The second was subjective recklessness, which required the defendant to have foreseen the risk himself. However, in the case of R v Parker7 it was held that where the accused “closed his mind to the obvious8” he could still be reckless.
Additionally, the test for objective recklessness was set out in the case of R v Caldwell9, where it was determined that a defendant could still be criminally liable even if he had not appreciated the risk but “an ordinary prudent individual” would have realised the risk. The issue was ultimately up to the jury to determine upon the facts of the case. Moreover, objective recklessness requires a risk that must be obvious to the reasonable man and need not be obvious to the defendant himself.
Moreover, Halpin asserts that “apart from the sheer inconsistency across offence over time, there was evident unfairness in the recognition given to the need to ameliorate the strict version of Caldwell recklessness”11.
The inconsistency in practice is further evidenced by the discrepancies, leading to uncertainty as to when and what type of recklessness was applicable to any particular case. For example in the case of Eliot v C12 a fourteen year old with learning difficulties ...Download file to see next pagesRead More
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