... lead to an injustice as some people who are mentally sub-normal (but not insane) may not be aware that what they are doing will involve further risks, and because of this it would seem harsh to compare them to a reasonable prudent person. Recklessness has two further divisions, first the 'Cunningham' subjective test of recklessness and the 'Caldwell' objective test of recklessness. In Cunningham (1957), the defendant tore a gas meter from the wall of an empty house in order to steal money in it. This caused gas to seep into the house next door injuring a woman there. Cunningham was not guilty of an offence against s23 of the Offences against the Person Act 1861 of maliciously administrating a noxious gas, as he did not realise the risk of gas escaping into the next-door house. He had not intended to cause the harm, nor had he been subjectively reckless as ...

See this essay or coursework document in full right now