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Words: | Submitted: Tue Sep 16 2003
... of the Offences Against the Person Act 1861 for maliciously administering a noxious substance (the gas) so as to endanger life. The court however, said that the term 'maliciously' meant 'wicked' and implied a foresight of the consequences. The defendant however did not realize that his actions would have put another person's life at risk and therefore did not know of the risk. In the case of Caldwell recklessness, one may know of the risk but also, he may not have considered whether or not there was a risk, but had he stopped to think, the risk would have been obvious to him and therefore, he can be convicted of being reckless in relation the Caldwell concept. In the Caldwell Case (1981), the defendant was chemically intoxicated and set fire to the plaintiff's hotel in relief of some grievance he had towards him. There were persons in the hotel at the time ...
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