R v Caldwell [1982] AC 341

Court: House of Lords

Facts: D, after drinking heavily, set fire to a hotel as an act of revenge, not considering the risk to the lives of the hotel guests. D claimed that he had been too drunk to realize the danger. D was charged with arson and criminal damage with intent to endanger life or being reckless as to whether life would be endangered.

Held: The House of Lords upheld D’s conviction, introducing the "Caldwell recklessness" test, which applied an objective standard for recklessness. The court held that D could be found reckless if he failed to consider an obvious risk that would have been apparent to a reasonable person, even if he did not personally foresee it.

💡Levelup: This case established an objective test for recklessness, which led to significant controversy and was criticized for its potential to convict defendants who did not subjectively appreciate the risk due to intoxication or other factors.