RvG [2003]

can anybody give me any help on how this has changed the concept of recklessness in English law? im really stuck and all confused, i dont remember recklessness being this hard at a level!

Reply 1

NDGAARONDI

16

The basics of it, from what I can remember, is that Caldwell reckless, that is, objective recklessness, is now no longer good law. We have reverted back to Cunningham reckless, that is, subjective recklessness. There has been criticism from Clarkson and Keating that this is what Parliament intended at the time of legislating the Criminal Damage Act anyway.

Reply 2

Strawbtrifle

Pretty much.
Caldwell recklessness was objective recklessness this has been altered by G so that in terms of criminal damage, we have reverted back to subjective recklessness. Cunningham stylee.

Look at the August update of the criminal law book on this site and it might be some help.
http://www.booksites.net/download/fsls/download.htm

This also might be useful

http://www.lawreports.co.uk/hlpcoctd0.1.htm

Reply 3

Strawbtrifle

Also if you have access to any of the online law sites like westlaw I'm sure there are a multitude of articles on this.

Reply 4

Ariel4

OP

1

thank you sooo much, all the other people that have tried to explain this to me have made it sound really complicated, youve made it seem a whole lot simpler!

Reply 5

NDGAARONDI

16

Personally I'd be careful with the Law Reports website because, if there is more than one appeal, it can be quite confusing to read. As they state the 'route' of the case concerned.

Reply 6

Ariel4

OP

1

Do you think any law journals would have relevant stuff in? because i dont think this case is in many textbooks yet as its fairly recent.

Student Law Review.

Pretty much what everyone has said is right however there are some cases where Caldwell recklessness might still apply (or so my ciminal law lecturer said). He then added that Cunningham recklessness (at Hull anyway) is what we need to know for the purpose of our studies and that we will never get an exam question that would involve Caldwell.

Reply 9

muncrun

1

Ariel4

Do you think any law journals would have relevant stuff in? because i dont think this case is in many textbooks yet as its fairly recent.

Criminal Law Review would be my first port of call.

Clarkson and Keating should include it, as should Ashworth, Principles of Criminal Law. Herring is very up to date (2004) so should have something in. Use the footnotes to point you towards the articles, which will be in the Crim Law Rev, CLR, OJLS, LQR, MLR etc.

Reply 10

Ariel4

OP

1

thanks again guys, youve helped me loads. i think i know where i am with it all now!

Reply 11

Strawbtrifle

Mark_KK

Pretty much what everyone has said is right however there are some cases where Caldwell recklessness might still apply (or so my ciminal law lecturer said). He then added that Cunningham recklessness (at Hull anyway) is what we need to know for the purpose of our studies and that we will never get an exam question that would involve Caldwell.

Thats not the case at all unis at the moment. Some are asking for answers involving caldwell and non caldwell scenarios because there isnt any post G caselaw. But I imagine that would be made pretty clear in the essay or exam question.
We were told that there are still some instances where Caldwell recklessness might still apply too.

RvG [2003]

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