Source: All England Reporter
Publisher Citation: [2003] All ER (D) 257 (Oct)
Neutral Citation: [2003] UKHL 50
Court: House of Lords

Lord Bingham of Cornhill, Lord Browne-Wilkinson, Lord Steyn, Lord Hutton and Lord Rodger of Earlsferry

Representation Alan Newman QC and Andrew Jeffries (instructed by Pictons) for G.
  Alan Newman QC and Isobel Ascherton (instructed by Borneo Linnells) for R.
  David Perry and Roger Whittam (instructed by the Crown Prosecution Service) for the Crown.
Judgment Dates: 16 October 2003


Criminal law - Damage to property - Arson - Recklessness whether property would be destroyed or damaged - Test to be applied in deciding whether defendant reckless - s 1.

The Case

A person acted recklessly within the meaning of s1 of the with respect to (i)a circumstance when he was aware of a risk that it existed or would exist; (ii)a result when he was aware of a risk that it would occur; and it was, in the circumstances known to him, unreasonable to take the risk.

Practice Areas

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