Recklessness In Criminal Law

Summary

The Cunningham 1957 case established that recklessness involves foreseeing a risk and deciding to take it, as seen when Cunningham caused a gas leak. The Stephenson 1979 case further clarified recklessness by emphasizing its subjective nature, considering whether the defendant foresaw the risk, as in Stephensons act of setting fire to a haystack. Both cases set important precedents in criminal law for understanding and applying the concept of recklessness.

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explain what the principle of recklessness have to do with these cases and what is the precedent of them
The principle of recklessness is crucial in both cases:
- R v Cunningham (*): Established that recklessness involves foreseeing a risk and taking it anyway. Cunningham foresaw the risk of gas leak and proceeded.
- R v Stephenson (*): Highlighted the subjective nature of recklessness, considering whether the defendant actually foresaw the risk.
Both cases set precedents for understanding and applying recklessness in criminal law.
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