Topic Category: Criminal - Essentials
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Text of a hugely important House of Lords decision (16 Oct 03) which departs from that in held in Caldwell (1982) AC 341. It concerns whether a person can be convicted of acting recklessly within the meaning of s.1 Criminal Damage Act 1971 if they gave no thought to the risk, and whether even if they had thought about it, it would have been obvious to someone of such a young age. The appeal was permitted and conviction quashed.