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The meaning of recklessness is to take an unjustified risk, however its legal definition is not quite the same as its ordinary English meaning and careful direction as to its meaning in English law has to be given to the jury.
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Sunny Bhanot 16H 15th October 2002 Law Essay - RECKLESSNESS. The meaning of recklessness is to take an unjustified risk, however its legal definition is not quite the same as its ordinary English meaning and careful direction as to its meaning in English law has to be given to the jury. Two different types of recklessness exist which are named after the cases in which they were defined: R v Cunningham (1957) (subjective test) and MPC v Caldwell (1982) (objective test). CUNNINGHAM RECKLESSNESS: (subjective) Before the case of Caldwell 1982, judges had decided that the more subjective approach was the one to be used, i.e. before the defendant could be said to be liable, he must have been aware of the risk he was running. This was established in the case of Cunningham 1957, it was stated that this type of recklessness had to be shown in any case where the old-fashioned word 'malicious'...
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