“House of Lords abandons objective recklessness test in landmark criminal law ruling”
Two boys aged 11 and 12 set fire to newspapers in a shop doorway during a camping trip. The fire spread and caused £1 million damage to the shop and adjoining buildings. The boys expected the newspapers to burn out harmlessly on the concrete floor.
Whether the test for recklessness in criminal damage should be objective (as established in Caldwell) or subjective, requiring awareness of risk by the defendant.
The House of Lords unanimously allowed the appeal and reinstated the subjective test for recklessness, overruling R v Caldwell.
This decision restored the subjective approach to recklessness across criminal law, ensuring defendants are only liable when they are actually aware of unjustified risks. It represents a major shift towards requiring genuine moral culpability for serious criminal offences.
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OSCOLA Citation
R v G [2003] UKHL 50, [2004] 1 AC 1034
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