Recklessness
The word recklessness in everyday language conveys the idea of taking an unjustifiable risk. Within the law, recklessness has acquired two definitive meanings, which are individually known as subjective and objective recklessness. The basis for recklessness in criminal law is derived from the fundamental maxim, ‘acteus non facit neum nisi mens sit rea', to the nearest effect, a man cannot be guilty on the basis of his actions alone; he must also have a guilty mind.
The initial approach to recklessness became known as subjective recklessness which acquired its authority from the case of R v Cunningham , whereby recklessness is regarded as a subjective state of mind of the accused. The definition of subjective recklessness involves two stages;
i. Foreseeing that the particular kind of harm might be done,
ii. Yet going on to take the unjustified risk of it
This test was also confirmed in Briggs , Parker and Stephenson , in the latter case the defendant's schizophrenia......
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