Tuesday, December 17, 2019

Regina V. G and Another Case Brief - 1200 Words

Case Title: Regina v. G and another (Appellants) (On Appeal form the Court of Appeal (Criminal Division)) Citation: [2003] UKHL 50 Procedural History (PH): The appellants were charged on 22nd August 2000; without lawful excuse damaged by fire; commercial premises and being reckless as to whether such property would be damaged. The appellants stood trial before Judge Maher in March 2001. The appellants’ case at trial was that they expected the fire to extinguish itself on the concrete. It was accepted that neither of them conceived that there was any risk of the fire spreading. At the start of the trial submissions were made on the meaning of â€Å"recklessness†. The judge ruled that he was bound to direct the jury in accordance with R v†¦show more content†¦Thus it is vital for the correction of the misinterpretation of â€Å"recklessly†. Losing Argument: Should the rule in R v Caldwell be modified? The modification would defy the principle that conviction depends on the mens rea of the defendant. If the principle was modified to accommodate children on the grounds of naivety it would be uncharacteristic if no modification was made to include the mentally handicapped on the grounds of their narrow ability of perception. Implementing modifications of this classification will encourage challenging and controversial debate with regard to the qualities and characteristics plausible for comparison. The implementation of this modification will replace one misinterpretation for another. Were the appellants reckless? A person is said to be reckless if knowing that there is a risk that an event may occur as a consequence of their conduct as defined by The Merriam Webster dictionary . A defendant is only considered to have acted recklessly by the advantage of their failure to give any thought to the risk or property damage that may have been apparent had they given any thought to the matter. Determining if a risk would have been apparent to the defendant is very unpredictable. The tribunal of fact should not acknowledge the defendant’s proclamation that it never occurred to them that there was risk of property damage providing that the conditions,Show MoreRelatedRegina V. G and Another Case Brief1191 Words   |  5 PagesCase Title: Regina v. G and another (Appellants) (On Appeal form the Court of Appeal (Criminal Division)) Citation: [2003] UKHL 50 Procedural History (PH): The appellants were charged on 22nd August 2000; without lawful excuse damaged by fire; commercial premises and being reckless as to whether such property would be damaged. The appellants stood trial before Judge Maher in March 2001. 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