United Kingdom Leading Case recklessnesssection 1subjective test

R v G and R

[2003] UKHL 50; [2004] 1 AC 1034

JurisdictionUnited Kingdom

CourtHouse of Lords

Year2003

StatusBinding authority

Key Principle

Recklessness in criminal law is subjective: a defendant is reckless only if he was actually aware of a risk and, in the circumstances known to him, it was unreasonable to take it; the objective Caldwell test is overruled.

Area of Law

Criminal Law, Procedure & Evidence

Related Cases

R v Looseley; Attorney General's Reference (No 3 of 2000) [2001] UKHL 53; [2001] 1 WLR 2060

R v Howe [1987] UKHL 17; [1987] AC 417

R v Sang [1979] UKHL 3; [1980] AC 402

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