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Principles - mens rea - recklessness - the "Caldwell Lacuna"

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The "Caldwell Lacuna"

note this has very limited application following R v G and another) [2003] HL

What if D decides there is NO risk?

Once the obvious and serious risk is proved the only way out for the defendant is to prove he considered the matter and decided there was no risk, or negligible risk. This is known as the ‘Caldwell Lacuna’, first acknowledged in R v Reid (1989).

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