Crime CVII – s.47 of the Offences Against Person Act (1861) IV
In
R v Spratt (1990) the accused fired his air gun from an open window without
thinking that there might be others in the vicinity, the thought never occurred
to him. Two of the bullets that were fired from the air gun hit a young girl
who was playing in the courtyard and the accused was charged with causing
actual bodily harm (ABH) as per s47 of the Offences Against Person Act (1861).
The question before the court was whether a) the accused intended to cause
actual bodily harm or b) whether his conduct was so reckless that intention
could be implied. The accused pleaded guilty and was sentenced. The accused
appealed the sentence.
On
appeal, the prosecution relied on the Caldwell test and sought to obtain a
conviction on the grounds that the accused had either not given any thought to
the possibility of there being any such risk or had recognized that there was
some risk involved but had nonetheless gone on to commit the act. His
conviction was quashed, and the judge decided that in order to convict for
Caldwell recklessness the accused must have some appreciation of the risk.
It
is clear that the Caldwell test is too broad and widens the scope of liability
and the judge in R v Spratt (1990) recognizing the dangers of the Caldwell test
has tried to limit or restrict its scope by looking at the accused’s state of
mind at the time he committed the act.
Copyright
© 2019 by Dyarne Ward
Comments
Post a Comment