Disclaimer: This work was produced by one of our expert legal writers, as a learning aid to help law students with their studies.

Any opinions, findings, conclusions, or recommendations expressed in this material are those of the authors and do not reflect the views of LawTeacher.net. Any information contained in this case summary does not constitute legal advice and should be treated as educational content only.

R v Stephenson – 1979

293 words (2 pages) Case Summary

07 Mar 2018 Case Summary Reference this LawTeacher

Jurisdiction / Tag(s): UK Law

R v Stephenson [1979] QB 695

Applying a subjective or objective test for recklessness under s.1 CDA 1971

Facts

The appellant attempted to sleep in a hollow which he had made in a haystack. Because he was cold, he started a fire in that hollow. The fire then spread to the whole stack. This lead to damages being caused in the amount of £3500. The appellant was charged and convicted under section 1 of the Criminal Damage Act 1971, which states that

“A person who without lawful excuse destroys or damages any property belonging to another intending to destroy or damage any such property or being reckless as to whether any such property would be destroyed or damaged shall be guilty of an offence.” (s.1(1) CDA 1971).

The judge had directed the jury that the offence of arson (pursuant to s.1(1) and 1(3) CDA 1971) would be made out if they believed that the risk of the damage which occurred would have been obvious to any reasonable person who was in the Defendant’s position. At trial, evidence was given that the appellant had a history of Schizophrenia and that he may well not have foreseen the possibility of the fire spreading to the whole stack because of his mental illness.

Issues

Was the appropriate test for recklessness under s.1 CDA 1971 objective as the trial judge indicated to the jury or subjective?

Decision/Outcome

The court held that the recklessness test is subjective and that, accordingly, the jury had been misdirected. The appeal was allowed. The fact that the risk of causing damage would have been clear to everyone of sound mind the appellant’s position did not prove that the appellant himself was aware of the risk, given the fact that he was not of sound mind due to his Schizophrenia.

LawTeacher

LawTeacher

LawTeacher.net is the UK’s leading provider of academic legal support, offering both writing services and an extensive collection of law study resources for students in the UK and overseas.

Founded in 2003 by Grey’s Inn graduate Barclay Littlewood, the Company was built on a commitment to excellence, with unique guarantees and a high standard of service from day one.

The team includes over 500 UK legally qualified writing experts, with many practising solicitors and barristers, and several former lecturers.

Areas of Legal Expertise

Contract Law Criminal Law Constitutional and Administrative Law EU Law Tort Law Property Law Equity and Trusts Jurisprudence Company Law Commercial Law Family Law Human Rights Law Employment Law Evidence Public International Law Legal Research and Methods Dispute Resolution Business Law and Practice Civil Litigation Criminal Litigation Professional Conduct Taxation Wills and Administration of Estates Solicitors’ Accounts

Cite This Work

To export a reference to this article please select a referencing stye below:

Reference Copied to Clipboard.
Reference Copied to Clipboard.
Reference Copied to Clipboard.
Reference Copied to Clipboard.
Reference Copied to Clipboard.
Reference Copied to Clipboard.
Reference Copied to Clipboard.

Related Services

View all

Related Content

Jurisdictions / Tags

Content relating to: “UK Law”

UK law covers the laws and legislation of England, Wales, Northern Ireland and Scotland. Essays, case summaries, problem questions and dissertations here are relevant to law students from the United Kingdom and Great Britain, as well as students wishing to learn more about the UK legal system from overseas.

Related Articles

Prices from

£ 99

Estimated costs for: Undergraduate 2:2 • 1000 words • 7 day delivery

Place an order

Delivered on-time or your money back

Reviews.co.uk Logo (292 Reviews)

Rated 4.2 / 5

Give yourself the academic edge today

Each order includes

  • On-time delivery or your money back
  • A fully qualified writer in your subject
  • In-depth proofreading by our Quality Control Team
  • 100% confidentiality, the work is never re-sold or published
  • Standard 7-day amendment period
  • A paper written to the standard ordered
  • A detailed plagiarism report
  • A comprehensive quality report