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Q1. Caldwell [1982] AC341 was, in its time, regarded as one of the most important of criminal law cases. Can it now be consigned to history?

Subject: Criminal Law


Q1. Caldwell [1982] AC341 was, in its time, regarded as one of the most important of criminal law cases. Can it now be consigned to history?


The case of Caldwell is considered to be one of the most important landmarks as it illustrates a turning point in how criminal recklessness is judged and sentenced This was because a new classification was created which did not restrict recklessness to subjective recklessness. This essay will discuss why Caldwell was important and whether in our modern day with the addition of newer cases this 1982 case should be consigned to history.

Up to the decision of Caldwell, the prevailing approach of the courts was to limit recklessness, where it was referred to as an offence, but only in its subjective state. This limit was set by the Law Commission in 1978 , when it proposed that the test for recklessness was in subjective terms and was supported by The Criminal Law Revision Committee in 1980, whose Fourteenth r...

Posted by: Melissa T. Littlefield

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