Recklessness is a form of mens rea that amounts to less than intention but more than negligence. Originally the courts have given recklessness a subjective meaning through the meaning case of Cunningham [1957] 2 QB 396. The defendant was convicted under s.23 of the Offences Against the Person Act 1861 as maliciously administrating a noxious thing so as to endanger life. The conviction was quashed as it was held that the term 'maliciously' meant 'wickedly'. The Court of Criminal …
showed first 75 words of 1412 total

showed last 75 words of 1412 total
…are able to least foresee the actus reus. The constraint was removed of courts having to follow the precedents of cases resulting from Caldwell. Decisions were founded on whether it satisfied a team of logicians rather than how it would perform in the real world. It is believed that as this burden is removed, the new legal rule from R v G and Another will result in more just decisions being taken by the courts.