#crime #law #mr
The current definition of recklessness comes from the case of R v G and another [2003] UKHL 50 and was given in the context of criminal damage. Lord Bingham, with whom the other judges agreed, approved the following definition of recklessness laid down in Clause 18 of the Law Commission's Draft Criminal Code (1989):
'A person acts recklessly within the meaning of section 1 of the Criminal Damage Act 1971 with respect to –
- a circumstance when he is aware of a risk that it exists or will exist;
- a result when he is aware of a risk that it will occur; and it is, in the circumstances known to him, unreasonable to take the risk.'
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