Please note the distinctions between 'Caldwell' / Objective Recklessness and 'Cunningham' / Subjective type recklessness.
Note : The case of R v G has, for the most part, removed Caldwell Recklessness. Please become familiar with the decision in R v G
Most offences requiring a mens rea of recklessness now require Cunningham / Subjective Recklessness.
Showing posts with label R v G. Show all posts
Showing posts with label R v G. Show all posts
Monday, April 9, 2007
Saturday, April 7, 2007
Criminal Law: Damage to Property
In Jamaica the offence is Malicious Injury to Property under the Malicious injuries to Property Act .
Mens Rea under the MITP Act is explained in the judgment of R v G & Another
In the U.K., the offence is Criminal Damage under the Criminal Damage Act 1971 .
For the U.K. position, see Smith & Hogan 11th edition. Please note that this edition has been updated as follows:
2005 Update to Chapter 24 Smith & Hogan
2006 Update to Chapter 24 Smith & Hogan
The following cases represent the U.K. Position.
Ayliffe & Others Judgment
R v. Jones Judgment
Mens Rea under the MITP Act is explained in the judgment of R v G & Another
In the U.K., the offence is Criminal Damage under the Criminal Damage Act 1971 .
For the U.K. position, see Smith & Hogan 11th edition. Please note that this edition has been updated as follows:
2005 Update to Chapter 24 Smith & Hogan
2006 Update to Chapter 24 Smith & Hogan
The following cases represent the U.K. Position.
Ayliffe & Others Judgment
R v. Jones Judgment
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