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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.
The mens rea of all offences in the Act is direct or oblique intention, or subjective recklessness as defined by the House of Lords in R v G (2003). [31] Bingham L.J. stated that a person acts "recklessly" with respect to (i) a circumstance when he is aware of a risk that it exists or will exist; or
There is also subjective recklessness, such as in the case of R v Cunningham (1957), [4] where the defendant is not required to intend the consequence to come from his actions, but the defendant realized the risk that this consequence would occur and took the risk anyway. Such a state of mind is required in most non–fatal offenses, such as
Writing for the majority, Justice Elena Kagan wrote that there must be some subjective understanding of the threatening nature of the statements, but that a mental state of recklessness is sufficient, with no need for any more demanding form of subjective intent. Although the decision left Counterman vulnerable to conviction on retrial, some ...
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.
R v G [2003] UKHL 50, subjective recklessness standard abolishing R v Caldwell [1982] AC 341; Morphitis v Salmon (1989) 154 JP 365, defined damage to mean "permenent [sic] or temporary impairment of value or usefulness" Crime and Disorder Act 1998 s 30; R v Steer [1987] UKHL; R v Hill and Hall (1989) 89 Cr App R 74
In common law, battery is a tort falling under the umbrella term 'trespass to the person'. Entailing unlawful contact which is directed and intentional, or reckless (or, in Australia, negligently [1]) and voluntarily bringing about a harmful or offensive contact with a person or to something closely associated with them, such as a bag or purse, without legal consent.