Allan v Patterson 1980 JC 57
Citation: Allan v Patterson 1980 JC 57
Rule of thumb: What is the test for proving a person has been reckless? The test has 2 parts – (a) that it was known that there was a risk of danger, and (b) it was unnecessary to take the risk.
Judgment: 'A person is reckless if (a) knowing that there is a risk that an event may result from his result from his conduct or that a circumstance may exist, he takes that risk, and, (b) it is unnecessary for him to take it having regarding to the degree and nature of the risk he knews to be present'... The test in (a) is subjective ... (b) is objective..'
"The distinction which has to be drawn is between actions which are careless, as fire raising which is merely negligent or accidental is not a crime, and actions which are reckless as that expression has been defined... fire raising which is merely negligent or accidental is not a crime".
What is the test for proving a person has been reckless? The test has 2 parts – (a) that it was known that there was a risk of danger, and (b) it was unnecessary to take the risk.
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