... a high degree of blameworthiness; it is sufficient to prove that D has been reckless as to whether the crime has been committed. The law has developed in such a way that there are now different tests for recklessness. One is known as the 'subjective' test and focuses on the question of whether D foresaw the risks of his conduct and the other test is 'objective' and considers the ordinary and prudent individual's foresight of risk. The only form of recklessness generally accepted prior to 1981 was subjective and the leading case CUNNINGHAM (1957) asked what was meant by the term "maliciously" (specifically in S23 OAPA 1861). The judge had directed the jury that it meant wickedly. The Court of Criminal Appeal did not agree. In quashing his conviction, they approved a definition of Professor Kenny in 1902, that malice was "an actual intention...to do what was done" or "recklessness as ...

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