Elliot v c (1983)
Created by 121.1.18.237 on 28 October 2009, at 05:06
From Law wiki, the wiki for law researchThis case ([1983] 2 All ER 1005) demonstrates how the definition of Recklessness in R v caldwell (1982) -- which considers whether a risk is 'obvious' -- does not account for the age or mental capacity of the accused. A mentally challenged 14-year old girl recklessly started a fire in a shed which then burnt down and was charged with arson. Magistrates initially acquitted her, ruling that the test in Caldwell could be interpreted as allowing the court to adjust the meaning of an 'obvious' risk to suit the defendent. However, the Divisional Court reversed this decision, claiming that this was not what the law said. The later case of R v coles (1995) has confirmed this view.Contributors This page was last modified on 23 December 2011, at 07:08.This page has been accessed 3,179 times.
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