Mens Rea Part 2: Recklessness in Criminal Law

Recklessness is a more culpable form of mens rea than intention.

In R v Cunningham, the defendant was convicted of an offence against a person.

In R v Stephenson, the court held that the test for recklessness is purely objective.

In R v Caldwell, the defendant started a fire in a hotel as part of a robbery.

Recklessness involves foresight of virtually certain consequences.

In R v Cunningham, the judge's definition of malicious was upheld on appeal.

Transferred malice only applies when the defendant's actus reus and mens rea coincide.

In R v Latimer, the defendant was found guilty of an offence against the person who was originally targeted.

Double transfer of malice is possible in English law.

In Thabo Meli v R, the defendant was found guilty of manslaughter, not murder.

In R v Church, the defendant was convicted of murder.

Fagan v MPC is a leading case on the doctrine of transferred malice.

In R v Lawerence, the court found that the defendant was liable for reckless driving.

In R v Elliott, the defendant was found not liable for criminal damage.

The test for recklessness in R v G and Another is a one-part test.

In R v Brady, the court held that foresight of a significant risk is required for recklessness.

In R v Parker, the defendant's awareness of the risk of damage was held to be irrelevant.

The correspondence principle states that each AR element of an offence should have a corresponding MR element.

Strict liability offences have both AR and MR elements.

Constructive liability involves additional MR elements without corresponding AR elements.

Ulterior MR refers to MR elements without corresponding AR elements within the offence.

Murder is an example of a constructive crime with strict liability elements.

What does recklessness primarily involve in the context of mens rea?

What was the outcome of the appeal in R v Cunningham?

What was the issue in R v Stephenson regarding the defendant's awareness?

What is the key feature of the test for recklessness in R v Cunningham and R v Stephenson?

What was the circumstance in R v Caldwell?

How does recklessness compare to intention in terms of culpability?

What is the current test for recklessness?

What is the significance of R v Elliott?

What is the significance of R v G and Another?

What is the significance of R v Brady?

What is the significance of R v Parker?

What is constructive liability?

What is the correspondence principle?

What is an example of a constructive crime?

What is ulterior MR?

What is the interaction between actus reus and mens rea?

In which case did the court hold that the defendant's malice was transferred to the victim who was not the original target?

What is the principle that states that each actus reus element of an offence should have a corresponding mens rea element?

In which case did the court hold that the defendant's acts were part of a general plan to cause death and to hide the body?

What is the term used to describe the transfer of malice from one victim to another?

In which case did the court hold that the defendant's acts were continuous and part of a single transaction?

What is the term used to describe the situation where the defendant's actus reus and mens rea coincide?