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What makes a person guilty of Cunningham recklessness?
For a defendant to be guilty under Cunningham recklessness he must have consciously undertaken an unjust risk, he must realise that there is a risk involved. However, if he continues to carry on with his conduct, he is then reckless.
What was Lord Diplock's definition of recklessness?
Lord Diplock stated that a person is reckless as to whether any property would be destroyed or damaged if; he does an act, which in fact creates an obvious risk that property would be destroyed, or damaged.
What's the problem with the definition of recklessness?
One can note that this impact of the decision conveyed the problems with the definition of recklessness under Cunningham. For example, within the Cunningham definition, the test only refers to taking risks as a result and makes no mention of taking risks as to a circumstance.
Why was recklessness not included in the Criminal Damage Act 1971?
Lord Diplock stated that the definition of recklessness in Cunningham was too narrow for the Criminal Damage Act 1971, recklessness, should not only include the Cunningham meaning.
Last Update: Oct 2021
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