Overview

recklessness


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N.

A form of * mens rea that amounts to less than intention but more than negligence. Many common-law offences can be committed either intentionally or recklessly, and it is now common for statutes to create offences of recklessness. Recklessness has normally been held to have a subjective meaning of being aware of the risk of a particular consequence arising from one's actions but deciding nonetheless to continue with one's actions and take the risk where it is unreasonable to do so (R v G [2004] 1 AC 1034 (HL), overruling MPC v Caldwell [1982] AC 341 (HL).

Subjects: Law.


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