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The modern definition of recklessness has developed from R v Cunningham [1957] 2 QB 396 in which the definition of 'maliciously' for the purposes of the Offences against the Person Act 1861 was held to require a subjective rather than objective test when a man released gas from the mains while attempting to steal money from the pay-meter. As a ...
R v G [a] [2003] is an English criminal law ruling on reckless damage, for which various offences it held that the prosecution must show a defendant subjectively appreciated a particular risk existing or going to exist to the health or property of another, and the damaging consequence, but carried on in the circumstances known to him unreasonably taking the risk.
objective where the court imputes mens rea elements on the basis that a reasonable person with the same general knowledge and abilities as the accused would have had those elements; or; hybrid, i.e., the test is both subjective and objective. The most culpable mens rea elements will have both foresight and desire on a subjective basis ...
Some standards were based on whether a "reasonable person" would interpret the statement as threatening, known as an "objective" standard. Others were "subjective" standards based on the speaker's recklessness as to their statement's threatening nature, knowledge that their statement will be seen as a threat, or intent that their statement be a ...
(b) objective where the requisite mens rea element is imputed to the accused on the basis that the reasonable person would have had the mental element in the same circumstances; (c) hybrid where the test is both subjective and objective. The rationale for the existence of criminal laws is as a deterrent to those who represent a danger to society.
It is distinguished from recklessness because, on a subjective basis, there is foresight but no desire to produce the consequences. But the perennial problem has always been the extent to which the court can impute sufficient desire to convert recklessness into intention. The original rule was objective.
A high degree of recklessness is required, more than what could be construed as carelessness or negligence. The accused must have acted in a manner that demonstrated an utter disregard for the consequences of his conduct on the general public and a total indifference to their safety.
In criminal law, mens rea (/ ˈ m ɛ n z ˈ r eɪ ə /; Law Latin for "guilty mind" [1]) is the mental state of a defendant who is accused of committing a crime. In common law jurisdictions, most crimes require proof both of mens rea and actus reus ("guilty act") before the defendant can be found guilty.