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3 answers

It probably refers to a case, called "Cunningham" (maybe People v. Cunningham) from 1957 that defined a particular recklessess standard for purposes of criminal law.

The reference says that the are referring to that standard, as defined in that case.

2007-08-03 08:59:44 · answer #1 · answered by coragryph 7 · 0 0

Cunningham Recklessness

2016-11-07 06:21:15 · answer #2 · answered by ? 4 · 0 0

The name comes from a case in 1957 which addressed liability for reckless behavior.

"For a defendant to be guilty under Cunningham recklessness he must have consciously undertaken an unjust risk. He must realize that there is a risk involved but if he continues to carry on with his conduct, then he is reckless. A case to illustrate this is R v Cunningham – Cunningham pulled a gas meter of a wall in a house intending to steal money. He broke the main gas pipe, releasing gas into the rest of the house which was inhaled by the old lady that lived there...."

This case defined this type of recklessness and therefore refers to Cunningham recklessness.

It essentially redefined the state of mind necessary to be guilty of a crime.

"In any statutory definition of a crime, malice must be taken ... as requiring either:
(1) an actual intention to do the particular kind of harm that in fact was done; or
(2) recklessness as to whether such harm should occur or not (i.e. the accused has foreseen that the particular kind of harm might be done and yet has gone on to take the risk of it)."

Other cases have since further refined (redefined?) the law.

2007-08-03 08:57:30 · answer #3 · answered by I 5 · 1 0

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