This website uses cookies to ensure you have the best experience. Learn more

The Extent To Which The Decision Of The House Of Lords In Gemmell And Richards Has Clarified The Meaning Of The Concept Of Recklessness In English Cri

2684 words - 11 pages

The Extent to Which the Decision of the House of Lords in Gemmell and Richards has Clarified the Meaning of the Concept of Recklessness in English Criminal Law

The concept of ‘recklessness’ or being ‘reckless’ has been described
as causing injury without intending to do so. But not every case of
foresight amounts to recklessness as in order for a defendant to be
reckless then the risk of the action they have taken must be an
unreasonable one. A certain foresight of certainty must be taken into
account in which, is the action in which the defendant partaken in one
with a foreseeable outcome?

But all depend on the circumstance as driving 30mph on a busy road may
be reasonable while driving at 50mph may not be due to the increased
risk of accidents and the more serious the injuries would be if they
were to crash the car at a higher speed.

Also another fact is if the risk is minimal or only and ‘outside
chance’ then running the risk is more than likely going to be
unobjectionable but even that slight risk is enough to be put forward
as recklessness if the harm is serious enough and the act has no
social value.

But this has caused much confusion over the years do the need for
foresight as it was said that in recklessness that while the
defendant must foresee the possibility of doing the actus reus but he
need not seek or be motivated to bring it about.

Pre-1982 there was a understandable subjective test that the defendant
was guilty if they thought about the risk and then carried on with
their action and they were not guilty if you didn’t think about the
risk.

In Cunningham (1957) the defendant interfered with the coin-operated
gas meter in an unoccupied house in order to steal money from it. The
gas escaped, seeping into an adjoining house, and endangered the life
of the person living there. He was charged with “Maliciously
administering a noxious thing so as to endanger life”.

It was said by the court of appeal that “malice” required either
intention or recklessness and the latter meant that

“the accused has foreseen that the particular kind of harm might be
done, and yet has gone on to take the risk of it”

And so the court held that "maliciously" imports an awareness that an
act may have the consequence of causing some physical harm to some
other person, even if the harm foreseen was relatively minor.

This was backed up by Stephenson (1979) in which a schizopherenic
tramp lit a fire in a large haystack to keep warm, and in doing so
burnt down the barn casing £4000 worth of criminal damage and so at
the time two questions needed to be asked did he intend it? No he did
not, and was he reckless (subjectively as one the rule at the time)
and so no he wasn’t. Due to his condition the defendant might not of
been aware of the risk in the haystack.

But the...

Find Another Essay On The Extent to Which the Decision of the House of Lords in Gemmell and Richards has Clarified the Meaning of the Concept of Recklessness in English Cri

Comparison essay between "In a Glass House" and "Where She Has Gone". Both written by Nino Ricci, as part of his trilogy which included award winning title "Lives of the Saints"

1852 words - 7 pages affect he had on her as her only brother that really cared for her. "Elena say's you're only my half-brother" (In A Glass House, 152) The battle Vittorio had between Rita's values and morals and his principles of family relationship made Vittorio more vulnerable as a human being trying to get the best out of life but the only person that could help him, devastated him with ignorance and unawareness of care Vittorio has. Family members are important

“My way of life has fallen into the sear…and that which should accompany old age, as honour, love, troop of friends, I must not look to have…”It is not fate but Macbeth who is responsible for his...

1030 words - 4 pages Ajay Mohanraj"My way of life has fallen into the sear…and that which should accompany old age, as honour, love, troop of friends, I must not look to have…"It is not fate but Macbeth who is responsible for his demise. To what extent do you agree?Set to the backdrop of medieval Scotland, William Shakespeare's "Macbeth" portrays how the protagonist Macbeth is responsible for his own destiny through the deeds he commits and that fate

Which epic has most relevance to a twenty first century reader, Virgil's 'Aeneid' or Homer's 'Odyssey'? Examines themes in both epics (from the english translations) and compares the two

1969 words - 8 pages has resisted the advances of the suitors using with witty and intelligent deception, remaining faithful to Odysseus in spite of his twenty-year absence. Equally, Odysseus never looses sight of his dream: to return home to his wife, son and kingdom, which he does eventually achieve. Admittedly he does sleep with the odd goddess or two, but he is a hero after all!Whether Virgil intended it or not, it is the relationships in his epic that make it so

The Decisions of the House of Lords in the Case of R vs. Special Adjudicator

3249 words - 13 pages . Razgar has challenged the Secretary of State's certification and has succeeded before Richards J. The question of principle is agreed to be: "Can the rights protected by article 8 be engaged by the foreseeable consequences for health or welfare of removal from the United Kingdom pursuant to an immigration decision, where such removal does not violate article 3?" The House of Lords in ex parte Razgar relied on R

To what extent has racism been a part of English football?<Tab/>

2626 words - 11 pages To what extent has racism been a part of English football?Recently in a Champions league semi-final match between Monaco and Chelsea Ron Atkinson was working as a pundit for ITV. Ron Atkinson has been involved in football for over 40 years. After his playing career was over he went on to become a successful manager for such prestigious clubs as Manchester United, Aston Villa and West Bromwich Albion. He is also credited for bringing through

Assess the Extent to Which the Activities of Political Parties Enhance Democracy (in the UK)

1271 words - 5 pages own manifesto and it would take the voter ages to wade through all of this and understand the policies that each of the candidates stood for. This would lead to huge voter apathy, and the possibility that dangerous individuals would be voted into government by mistake.Finally, the parties play a key role in participation and mobilisation. Each party has local organisations where voters can join the party and make their views known on various

Extent to which state has legal duty to protect

2200 words - 9 pages convictions of the community which is determined by the judge and also the specific facts of the case are taken into consideration. 2. Extent to which the State has a legal duty to protect people Although the state has a legal duty to protect people from violence and crime in South Africa, this legal duty is however limited to a certain extent. There are certain cases which portray this extent of the protection of the state. 2 1 Police has a duty to

The Extent to Which the Human Rights Act of 1998 Strengthened the Rule of Law in the U.K. Constitution

3695 words - 15 pages The Extent to Which the Human Rights Act of 1998 Strengthened the Rule of Law in the U.K. Constitution The Human Rights Act 1998 (HRA), an Act introduced to give effect to rights from the European Convention on Human Rights (ECHR) in domestic legislation. Its introduction has affected many legal areas; especially the conceptions of the rule of law and their place in the UK constitution. To understand the effect of the HRA

To what extent can the existence of social order be explained in term of the functionalist concept of value consensus?

1670 words - 7 pages Cooley.By the process of role-taking,one person may interpret the intention and meaning ,in order for interaction to proceed,they will make their response to the action of the other.Although the existence of a culture and social roles does shape human behavior to some extent,George Herbert Mead believed that human still have considerable choice as social roles are not fixed but constantly being modified in the course of interaction and how they

"Echoes of the Great Song" by David Gemmell

1183 words - 5 pages The Echoes of a Great the SongWar, carnage, and destruction - all the essentials needed to satisfy the archaic human attributes. Somehow though honor and wisdom find their way into this story. Echoes of the Great Song by David Gemmell is a fantasy tale filled with excitement and at the same time philosophical acumen. It achieves this through wars that are not without meaning and dilemmas met with reasoning. It contains the story of a grand

The Extent to Which Austria was the Main Obstacle to the Unification of Italy in the Period 1815-1849

3023 words - 12 pages The Extent to Which Austria was the Main Obstacle to the Unification of Italy in the Period 1815-1849 In the period immediately after the Vienna settlement in 1815 and up to the widespread revolutions throughout Europe and especially Italy in 1848 and 1849, the prospect of a united Italy seemed almost a distant dream. There were a range of obstacles in between progress to a unified state. These included the outright

Similar Essays

Critically Evaluate The Extent To Which The Literacy Hour Enhances The Teaching And Learning Of English As Required By The National Curriculum For English

3352 words - 13 pages whole. The structure of a daily literacy hour is constructed around the NC. The central role of literature in the English curriculum is a reflection of the kinds of beliefs expressed in the Bullock report: Literature helps to "shape personality, refine the sensibility, sharpen the critical intelligence; that it is a powerful instrument for empathy and a medium through which children can acquire their values (DES, 1975, p 124).Reading and writing are

“Each Character In King Lear Has Control Over Their Fate. The Fates Of Each Character Are Determined By Events Which Occur In The Opening Scenes Of The Play.” To What Extent Do You Agree With This...

1317 words - 5 pages "Each character in King Lear has control over their fate. The fates of each character are determined by events which occur in the opening scenes of the play."To what extent do you agree with this statement?Freewill and fate are themes which are frequently discussed in reference to Shakespeare's plays. He often makes the audience wonder whether the characters ever had a choice in how their stories would end. King Lear's decision to abdicate the

Ways In Which The Digital Medium Has Affected Your Work, By Method, Concept, Distortion, And Challenge

1011 words - 4 pages from equating to exploring all digital photography's extensiveness and profundity. I will mainly elaborate on two aspects, the new methods adapted in digital photography and the changing concept, which are closely interconnected.In terms of methods, apart from having employed a exquisite digital camera, I have been introduced to one of the most important photographic product developments from the latter half of twenty-first Century, the Adobe

The Government Of The United States Of America Has The Right To Make The Decision On Whether Students Should Have A Dress Code Which Mandates The Use Of School Uniforms

1464 words - 6 pages decisions for The United States Of America whether they're for better or for worse. They make the moves that are necessary for the United States. This paper has proven that the government should be able to mandate the use of school uniforms for many reasons. The government is the head in charge of The United States of America. They need to be able to make the decision on whether students should wear school uniforms. For years the topic on which