recklessness

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Issue:

Social Issues

 

Written by:

Emma M

 

Date added:

March 12, 2014

 

Level:

University

 

Grade:

A

 

No of pages / words:

10 / 2529

 

Was viewed:

5718 times

 

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Essay content:

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 was used to prove that he was not capable at that time of appreciating any risk, and so the defendant failed to meet the Cunningham test, consequently the conviction of criminal damage was quashed...
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During the life of this test the cases proved this direction to be agreeable and undisputed. However in 1982 the definition of recklessness was revised and broadened by Lord Diplock in Metropolitan Police Commissioner v Caldwell . This new test of recklessness became known as objective recklessness, as such it regarded recklessness as an objective state of mind...
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