{"id":20,"date":"2003-10-18T18:50:24","date_gmt":"2003-10-18T18:50:24","guid":{"rendered":""},"modified":"2003-10-18T18:50:24","modified_gmt":"2003-10-18T18:50:24","slug":"caldwell-recklessness-abandoned-by-the-house-of-lords","status":"publish","type":"post","link":"https:\/\/www.sixthform.info\/lawblog\/?p=20","title":{"rendered":"Caldwell Recklessness abandoned by the House of Lords."},"content":{"rendered":"<p><b>R v G and another (2003)HL (R v Gemmell and&nbsp;Richards)<\/b>&nbsp;DD aged 11 and 12 went camping without their parents approval. They went to the back of the Co-op in Newport Pagnell, lit some newspapers which set fire to a wheelie-bin which set fire to the shop, cause \u00a31m of damage. They were convicted of arson by a jury. Both the judge and jury appear to have been not content with applying the objective approach that the law required in R v Caldwell (1982) HL. <b>Held<\/b>: Unanimously, Caldwell was wrongly decided, the test of recklessness was found in the preparatory work of the Law Commission prior to the Criminal Damage Act 1971. The test now is: &#8220;A person acts recklessly within the meaning of section 1 of the Criminal Damage Act 1971 with respect to &#8211; (i) a circumstance when <b>he is aware <\/b>of a risk that it exists or will exist; (ii) a result when <b>he is aware <\/b>of a risk that it will occur; and it is, in the circumstances <b>known to him<\/b>, unreasonable to take the risk.&#8221; (Based on clause 18(c) of the Criminal Code Bill annexed by the Law Commission to its Report &#8220;A Criminal Code for England and Wales Volume 1: Report and Draft Criminal Code Bill&#8221; (Law Com No 177, April 1989)) <b>Not guilty of arson (criminal damage by fire)<\/b> <a href=\"http:\/\/www.publications.parliament.uk\/pa\/ld200203\/ldjudgmt\/jd031016\/g-1.htm\">Whole case, here<\/a>. <\/p>\n","protected":false},"excerpt":{"rendered":"<p>R v G and another (2003)HL (R v Gemmell and&nbsp;Richards)&nbsp;DD aged 11 and 12 went camping without their parents approval. They went to the back of the Co-op in Newport Pagnell, lit some newspapers which set fire to a wheelie-bin which set fire to the shop, cause \u00a31m of damage. They were convicted of arson [&hellip;]<\/p>\n","protected":false},"author":2,"featured_media":0,"comment_status":"open","ping_status":"open","sticky":false,"template":"","format":"standard","meta":{"footnotes":""},"categories":[1],"tags":[],"class_list":["post-20","post","type-post","status-publish","format-standard","hentry","category-news"],"_links":{"self":[{"href":"https:\/\/www.sixthform.info\/lawblog\/index.php?rest_route=\/wp\/v2\/posts\/20","targetHints":{"allow":["GET"]}}],"collection":[{"href":"https:\/\/www.sixthform.info\/lawblog\/index.php?rest_route=\/wp\/v2\/posts"}],"about":[{"href":"https:\/\/www.sixthform.info\/lawblog\/index.php?rest_route=\/wp\/v2\/types\/post"}],"author":[{"embeddable":true,"href":"https:\/\/www.sixthform.info\/lawblog\/index.php?rest_route=\/wp\/v2\/users\/2"}],"replies":[{"embeddable":true,"href":"https:\/\/www.sixthform.info\/lawblog\/index.php?rest_route=%2Fwp%2Fv2%2Fcomments&post=20"}],"version-history":[{"count":0,"href":"https:\/\/www.sixthform.info\/lawblog\/index.php?rest_route=\/wp\/v2\/posts\/20\/revisions"}],"wp:attachment":[{"href":"https:\/\/www.sixthform.info\/lawblog\/index.php?rest_route=%2Fwp%2Fv2%2Fmedia&parent=20"}],"wp:term":[{"taxonomy":"category","embeddable":true,"href":"https:\/\/www.sixthform.info\/lawblog\/index.php?rest_route=%2Fwp%2Fv2%2Fcategories&post=20"},{"taxonomy":"post_tag","embeddable":true,"href":"https:\/\/www.sixthform.info\/lawblog\/index.php?rest_route=%2Fwp%2Fv2%2Ftags&post=20"}],"curies":[{"name":"wp","href":"https:\/\/api.w.org\/{rel}","templated":true}]}}