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Title: Recklessness: Being Reckless and Acting Recklessly
Authors: Cunningham, Sally
First Published: Oct-2010
Publisher: Hart Publishing
Citation: King's College Law Journal, 2010, 21 (3), pp. 445-467
Abstract: The case of R v G may have consigned “objective” Caldwell recklessness to the history books, but this article argues that the development of two species of recklessness was necessitated through the law having to deal with risk-taking in two separate contexts: those of result crime and conduct crime. The mistake was for the law to try to apply a common meaning of recklessness (either subjective or objective) in both contexts. Instead, the law should have taken account of the different psychological processes involved, which entail that distinct forms of mens rea should be applied in each context.
DOI Link: 10.5235/096157610793391580
ISSN: 0961-5768
eISSN: 1757-8442
Version: Pre-print
Type: Journal Article
Rights: © 2010, Hart Publishing. Archived with permission of the publisher.
Description: This is the author’s pre-peer reviewed, pre-edited version. The final published version of the article can be found at the following link:
Appears in Collections:Published Articles, School of Law

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