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

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