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Recklessness and Strict Liability
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These are my lecture notes on recklessness and strict liability. Case law is used to make critical points on the law in these areas.
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CRIMINAL LAWMENS REA – RECKLESSNESS
Basic Reading:
Herring, Chapter 3 and a chapter on recklessness from another textbook.
Caldwell [1982] AC 341
R v G and another [2004] 1 AC 1034
Further Reading:
C. Crosby, ‘Recklessness- the continuing search for a definition’, (2008) 72 Journal of Criminal Law
313
S. Field and M. Lynn, ‘Capacity, Recklessness and the House of Lords’ [1993] Crim L.R. 127.
S. Gardner, ‘Recklessness Refined’, (1993) 109 L.Q.R. 21.
H. Keating, ‘Reckless Children’ [2007] Crim LR 546.
D. Kimel, ‘Inadvertent recklessness in criminal law’ (2004) 120 L.Q.R. 548.
A. Norrie, ‘The Limits of Justice: Finding Fault in the Criminal Law’ (1996) 59 Modern Law Review
540.
To Consider
Consider the following scenarios and decide (1) Whether you believe the individual was reckless and (2) Whether
the individual deserves to be subjected to the criminal law. In considering the scenarios remember there are
alternatives to the criminal law.
Angela is a teenager with severe learning difficulties. She runs away from home. At night time she finds a barn full
of hay to sleep in. During the night she is cold so lights a fire in the barn to keep warm. Unfortunately the fire
spreads and the barn is destroyed.
Brian who works in a call centre has a very short temper. One day, after a particularly difficult customer call, he
takes his stress ball and throws it across the room in a fit of rage. The stress ball knocks over an expensive lamp
causing it to smash. Brian tells his employers that he didn’t think about what he was doing because he was in such
a rage. He offers to pay to replace the lamp. His boss, however, believes that such behaviour must be made an
example of and so calls the police.
Carol has been taking kickboxing lessons. She decides to show Mary her mother-in-law her skills. She asks Mary
to stand a certain distance away from her. Carol then tells Mary that she will kick her leg in the air stopping just
short of Mary’s face. Unfortunately, Carol misjudges the kick and hits Mary in the face knocking her unconscious.
Mary who never liked Carol decides that the law must be involved.
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