distinction between Cunningham recklessness and Caldwell recklessness
There have been difficulties over the years in defining the word recklessness, since it is the necessary mens rea (guilty mind) for many offences. ... In law there are two types of recklessness, the Cunningham recklessness (also known as subjective recklessness) and the Caldwell Recklessness (also known as objective recklessness). The name of these two types of recklessness derives from the cases that defined them. In R v Cunningham (1957) the defendant pulled a gas meter of the wall in a house with the intention of stealing money. ... For a defendant to be guilty of Cunningham recklessness he must recognize the risk and carry on to take it. An offence to which this type of recklessness is relevant is rape. ... The Caldwell recklessness, which only applies to criminal damage, was defined in the case of Metropolitan Police Cmr v Caldwell (1982) were the defendant, who was drunk, sat on fire the hotel were he used to be employed.