Wednesday, 8 July 2009

Is the subjective 'Cunningham test' too easy on offenders?

The Cunningham recklessness test is now the accepted test for recklessness. The case of Elliot was a very convincing argument for the Cunningham recklessness. However, is this subjective test too easy on defendants? Surely it is easy to get convictions under the objective Caldwell test?