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Перевод: recklessness
[существительное] ослепление; безрассудство [существительное]
Тезаурус:
- Most of the offences considered above involve the occurrence of physical harm plus intention or recklessness.
- 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.
- After a brief period of uncertainty, it is now clear that common-law recklessness, not Caldwell recklessness, is the relevant test.
- Section 20 requires recklessness, in the common-law sense of the conscious taking of an unjustified risk.
- It therefore follows that, if the courts have indeed replaced manslaughter by gross negligence with manslaughter by recklessness, they have narrowed the law slightly.
- (b) Manslaughter by Recklessness
- "A time of historic change is no time for recklessness.
- 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.
- Omissions cases falling within manslaughter by recklessness or gross negligence have also been set apart from cases of positive acts.
- 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.
- 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.
- 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.
- 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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