SQE Daily.

Subjective recklessness in criminal damage (R v G)

Priya Shah, aged 19, and a friend shelter behind a warehouse in Coventry late at night. To keep warm they set light to some cardboard inside a metal skip that stands against the warehouse wall. They genuinely believe the fire will burn out safely inside the skip, and then leave. The fire spreads to the plastic cladding of the warehouse, causing £60,000 of damage. Priya is charged with arson, the prosecution alleging that she was reckless as to whether the warehouse would be damaged. The jury accept that the risk would have been obvious to an ordinary prudent adult, but also accept that the risk never crossed Priya's mind.

Which of the following best describes whether Priya was reckless as to the damage to the warehouse?

Choose one answer to see the reasoning.

  1. Criminal Law · FLK2No. L072

    Aggravated arson of the defendant's own property (Criminal Damage Act 1971, s.1(2) and (3))

    Which of the following best describes Victor's liability under s.1(2) and (3) of the Criminal Damage Act 1971?

  2. Criminal Law · FLK2No. L056

    Mens rea of 'maliciously' inflicting grievous bodily harm (s.20 OAPA 1861; R v Mowatt)

    Which of the following best states the mens rea the prosecution must prove under s.20?

  3. Criminal Law · FLK2No. 41

    Burglary where the intent to steal is formed after entry (Theft Act 1968 s.9(1)(b))

    Which of the following best describes Marcus's liability for burglary?