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Recklessness (MR) (Recklessness Timeline (:red_flag: R v Savage…

- - - - court decided to use subjective recklessness
  - - - subjective recklessness
  - - - objective recklessness
  - - - objective recklessness
      - in :red_flag: Caldwell, HL said recklessness covered 2 situations:
        
        where D had realised the risk
        
        where D has not thought about the possibility of a risk (objective testing)
        
        what if D was incapable of appreciating the risk?
  - - - subjective as the CA held it as a misdirection as it did not correctly state malicious included recklessness
  - - - HL approved of an old Law Commission definition of recklessness: A person acts recklessly with respect to:
        
        a circumstance when he is aware of a risk that exists or will exist
        
        a result when he is aware of a risk that will occur and it is, in the circumstance, known to him unreasonable to take that risk
        
        subjective recklessness