Chapter 13 Key debates
Other property offences
Topic |
‘The meaning of recklessness in the criminal law and whether it should contain an objective element’ |
Author/Academic |
Dori Kimel |
Viewpoint |
Provides a detailed analysis of the decision in Caldwell, its effects (eg Elliott) and the decision of the House of Lords to overrule it in R v G. |
Source |
[2004] LQR 548 |
Topic |
‘Banksy’s graffiti: a not-so-simple case of criminal damage’ |
Author/Academic |
Ian Edwards |
Viewpoint |
The author takes the reader through the actus reus and mens rea elements of criminal damage and applies them (or not) to the case of a graffiti artist. |
Source |
(2009) 73 J Crim L 345 |