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    Hello all,

    I'm struggling to make sense of the definition of recklessness as provided in R v G:

    a person acts 'recklessly' with respect to:

    (i) a circumstance when he is aware of a risk that it exists or will exist;
    (ii) a result when he is aware of a risk that it will occur
    and it is, in the circumstances known to him, unreasonable to take the risk."

    Could someone please try to explain it to me? Cheers
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    Hi Jack,

    In a nutshell, recklessness is concerned with ignorance of imminent bad/criminal outcome of a situation. And it is a mental factor to do with intention of the defendant.

    So to give a non-legal example (in the holidays spirit), if you buy a present for someone and (i) you are fully aware that the person you buy it for won't like it, (ii) you are aware that as a result of you buying the present that person will certainly not like it, and in the circumstances known to you about that person, you take the risk and still buy the present regardless, then you prove to be reckless with regards to buying presents.

    When in doubt, try Google and Wikipedia to make sense of new legal terms (but do not use those sources in your assignments!) Try this: http://en.wikipedia.org/wiki/Recklessness_(law)

    Hope these help! let me know

    happy holidays!
    xx
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    (Original post by rri14)
    Hi Jack,

    In a nutshell, recklessness is concerned with ignorance of imminent bad/criminal outcome of a situation. And it is a mental factor to do with intention of the defendant.

    So to give a non-legal example (in the holidays spirit), if you buy a present for someone and (i) you are fully aware that the person you buy it for won't like it, (ii) you are aware that as a result of you buying the present that person will certainly not like it, and in the circumstances known to you about that person, you take the risk and still buy the present regardless, then you prove to be reckless with regards to buying presents.

    When in doubt, try Google and Wikipedia to make sense of new legal terms (but do not use those sources in your assignments!) Try this: http://en.wikipedia.org/wiki/Recklessness_(law)

    Hope these help! let me know

    happy holidays!
    xx
    Thank you for your help!

    You say, for the second part, that the person "certainly" won't like it. I thought, for recklessness, that the consequence only had to be possible or probable.

    So, basically:

    (i) says you're aware that X may happen and
    (ii) says as a result of doing Y, you're aware that X may happen?
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    Yeah. Sorry, 'certainly' was a too certain word to use.

    So the outcome needs to be possible and the person/defendant (and any reasonable person) must be aware of that possibility and proceed to act anyway. Does that make more sense now?
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    (Original post by rri14)
    Yeah. Sorry, 'certainly' was a too certain word to use.

    So the outcome needs to be possible and the person/defendant (and any reasonable person) must be aware of that possibility and proceed to act anyway. Does that make more sense now?
    That's fine! I'm sure you were just testing me.

    That makes a lot more sense - thank you for your help!
 
 
 
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