ABSTRACT

Answer plan This quotation expresses the view that there is a significant moral distinction between the advertent and the inadvertent wrongdoer and that the latter should not attract criminal liability. The decision of the House of Lords in R v G and Another (2003) overturned the earlier decision of the House of Lords in Caldwell (1982), in which it was held that a person was reckless for failing to consider a risk that would have been obvious to a reasonable person.