GR- AR +MR – D = Guilty

AR

1. UNLAWFUL CONDUCT – P/N

2. Causation

1. Factual
2. Legal
3. No break in the chain

Oblique Intent

The jury may/could find that death or gbh was a virtual certainty as a result of the D’s conduct and
the D appreciated the same

Nicole places a bomb on the ground floor of bac- gives Mr Rajan 5 mins to evacuate the building

Reasonable Man- Jury

Will the jury find that death or gbh is a virtual certainty (definitely going to take place) if I give Mr
Rajan 5 mins to evacuate the whole of BAC ?

Objective test ?

1st part of the test on Oblique intent

D appreciated (could tell/ could understand/knows/foresee) that death or GBH is a virtual certainty
if I give Mr Rajan 5 mins the evacuate

Subjective
MR

Intention

Recklessness

Intention

Direct – aim, desire, purpose- intended the consequences

Oblique Intent

Does not intend the consequence but the consequences are virtually certain to occur and the D
appreciates this.

Offences

Basic Intent Specific Intent

Manslaughter Murder

Rape, s39 CJA, s47,s20 OAPA MR s18 OAPA

Intention

Direct

Oblique

To do the unlawful act Intention only not recklessness is to bring

about the consequence

Direct and Oblique X Recklessness

Recklessness
Intention

Direct- aim, purpose, desire to bring about the consequence

Oblique

X intent the consequence but consequence is virtually certain -objective and subjective

Specific and basic intent ?

Specific intent – intented specifically to bring about the outcome. Consequence

Intention

Direct/Oblique to bring about the consequence

Basic

Intention

Recklessness

Towards the conduct, did not intend to bring about the consequence and the consequence is not
virtually certain

Cunningham

Subjective Test

Meaning the D himself foresaw the risk but went on to take the risk anyway

Caldwell

Objective test only for property damage pursuant to the Criminal Damage Act

Reasonable man test- the creation of an obvious – obvious to who ? the reasonable man

What if the D didn’t foresee the risk ? he would still be guilty

Caldwell test

Created 2 tests on recklessness

1. Maintained the subjective test for all offences except property damage
2. Created an objective test for recklessness on property damage
 Cunningham recklessness ?
Subjective test
D foresaw a risk
That the risk would occur
In the circumstances known to him unreasonable to take the risk

Caldwell recklessness ?
1. Objective test ? towards property damage pursuant to the criminal damage act
2. Other offences ?
Subjective test as per Cunningham

RvG

Now for all offences including property damage – it is a Subjective test as per Cunningham
Recklessness

So the law as it stands today is a subjective test of recklessness as per the cases of Cunningham and
RvG