R v G & Another [2003] UKHL 50

Court: House of Lords

Facts: Two young boys, aged 11 and 12, set fire to newspapers and placed them under a bin. The fire spread, causing extensive damage to nearby property, resulting in £1 million worth of damage. The boys did not appreciate the risk of the fire spreading. They were charged with arson.

Held: The House of Lords quashed the boys' convictions, overruling Caldwell. The court reinstated the subjective test for recklessness, ruling that a defendant could only be found reckless if he actually foresaw the risk and decided to take it anyway. The court emphasized the importance of considering the defendant's age, experience, and understanding.

💡Levelup: This landmark case redefined the law of recklessness by restoring the subjective test, ensuring that only those who actually foresee the risk and choose to take it can be found reckless. This change offered greater protection to vulnerable defendants, such as children.