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Key point. This case laid down an objective test for recklessness where the defendant’s characteristics, including his mental state, is not to be taken into account. The objective test was later rejected in R v G and R [2003] UKHL 50.
The HL, whilst not overruling the decision in Caldwell, sought to reinstate the law as it was thought to be interpreted before 1982 in line with the Cunningham test, where by a person will be “reckless” only if he or she foresees a risk and none the less goes on to take the risk unreasonably.
An outline of the law on recklessness and its role in establishing criminal liability. Contains a consideration of the key cases of MPC v Caldwell, R v Cunningham and R v G & R with a consideration of the impact and problems with each type of recklessness.
For recklessness, a subjective test is applied to determine whether accused wilfully took an initial action that is inherently risky (such as drinking alcohol) but an objective test is applied to determine whether the commission of the actus reus could be foreseen (by a reasonable person).
The test for recklessness is objective. The case introduced the so called Caldwell Recklessness, which stipulated that recklessness can be found when a person carries out an act which creates an obvious risk for the destruction or damage or property and he has, at that time, not contemplated the possibility of the risk or has recognised that ...
The objective test for recklessness (known as Caldwell recklessness) was rejected in favour of a subjective test. Facts. Two boys (Ds) set fire to newspapers in the back of a shophouse, and burnt down supermarket and adjoining buildings. They were charged under s1 Criminal Damage act 1971 for reckless arson. Held (House of Lords)
The test for recklessness after MPC v Caldwell. Facts. The two appellants were boys aged 11 and 12 respectively. They went camping at night unsupervised (and in fact without parental permission). In the early hours of the night they entered the back yard of a Co-Op shop and found old newspapers.
