... the Offences Against the Persons Act (OAPA) 1861 for 'maliciously administering noxious gas to endanger lives'. The defendant appealed and it was held by the Court of Appeal that for the defendant to act 'maliciously' proof is needed to show he intended to cause the harm or he was reckless as to if such harm would be caused. A person is reckless, established in this case where a) he/she is subjectively aware of the risk; b) but still takes the risk; c) taking the risk is objectively unjustified in the given circumstances. The second test is Caldwell recklessness, defined in case of MPC v Caldwell (1982) the defendant was sacked from his job at a hotel so he then got drunk and later that night returned to the hotel where he set it on fire. At this time there were people in the hotel but none of them were injured as ...

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