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Elliot v C (1983)

Last modified: Thu Feb 23 16:37:37 2006

This case ([1983] 2 All ER 1005) demonstrates how the definition of Recklessness in RVCaldwell1982 -- which considers whether a risk is `obvious' -- does not account for the age or mental capacity of the accused. A 14-year old girl recklessly set fire to a shed and was charged with arson. Magistrates initially acquitted her, ruling that the test in Caldwell could be interpreted as allowing the court to adjust the meaning of an `obvious' risk to suit the defendent. However, the Divisional Court reversed this decision, claiming that this was not what the law said. The later case of RVColes1995 has confirmed this view.

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