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Перевод: recklessness


[существительное]
ослепление; безрассудство
[существительное]


Тезаурус:

  1. Most of the offences considered above involve the occurrence of physical harm plus intention or recklessness.
  2. The offence of murder is restricted to intent, and it would seem natural that recklessness as to the same consequences should amount to the lesser offence of manslaughter.
  3. After a brief period of uncertainty, it is now clear that common-law recklessness, not Caldwell recklessness, is the relevant test.
  4. Section 20 requires recklessness, in the common-law sense of the conscious taking of an unjustified risk.
  5. It therefore follows that, if the courts have indeed replaced manslaughter by gross negligence with manslaughter by recklessness, they have narrowed the law slightly.
  6. (b) Manslaughter by Recklessness
  7. "A time of historic change is no time for recklessness.
  8. The fault element in section 20 has been further broadened by the decision in Mowatt (1968): there is no need to prove recklessness as to wounding or grievous bodily harm, so long as the court is satisfied that D was reckless as to some physical harm to some person, albeit of a minor character.
  9. Omissions cases falling within manslaughter by recklessness or gross negligence have also been set apart from cases of positive acts.
  10. If the Caldwell test of recklessness does indeed apply, then this form of omissions liability could be assimilated within the general doctrine of manslaughter by recklessness.
  11. Formerly, all that needed to be established was the fault required for common assault, i.e. intent or recklessness as to the application of some unlawful force to another.
  12. Where a crime requires knowledge or recklessness as to a certain circumstance, and the defendant holds a mistaken belief about that circumstance, logic demands that an acquittal should follow.
  13. Once the duty is established, the fault element required was expressed as recklessness, and defined thus: "a reckless disregard of danger to the health and welfare of the infirm person.

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