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In everyday language, recklessness means taking an unjustified risk. Its legal definition has radically changed in recent years.
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Chapter 1 Insert p. 14 ( Recklessness In everyday language, recklessness means taking an unjustified risk. Its legal definition has radically changed in recent years. It is now clear that it is a subjective form of mens rea, so the focus is on what the defendant was thinking. In 1981 in the case of MPC v Caldwell, Lord Diplock created an objective form of recklessness, but this was abolished in 2003 by the case of R v G and another. A subjective test Following the House of Lords' judgement of R v G and another recklessness will always be interpreted as requiring a subjective test. In that case, the House favoured the definition of recklessness provided by the Law Commission's Draft Criminal Code Bill in 1989: "A person acts recklessly..... with respect to - (i) a circumstance when he is aware of a risk that it exists or will exist; (ii) a result when...
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