... he is engaging in risky activity. Recklessness occurs only in basic intent crimes as the defendant does not need to intend the outcome. Recklessness has no statutory definition, but it has been described as 'unjustified risk taking'. The fact that there is no statutory definition has been widely criticised as it leaves uncertainty for the courts, forcing judges to make law which as we know from Montesque's theory of the separation of powers, is not a positive point. Over the years judges have invented two tests for recklessness; Cunningham (1957) recklessness and Caldwell (1981) recklessness. The first of the two tests to be invented was Cunningham (1957). In this case the judges had to define the word 'malice'. This case involved a defendant who wrenched a gas meter from a wall and stole money from it. As a result of this gas escaped into an adjoining house where an ...

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