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| Topic: |
Social Issues
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| Number of pages / Number of words: |
10 / 2529 |
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The evidential and judicial support from the development of cases relating to recklessness will guide us to answering whether the test is to be regretted or not.
Contrary to the proposed supposition in the question, it is vital to establish some of the concerns which have come to light regarding objective recklessness...
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We can see that in the case of Elliot , it is clear that the objective test discriminated against persons who didn't reach the standards of a reasonable person. As the possibility of the risk had only to be obvious to the reasonable person. Thus a person, who had no capacity to consider the risk due to being retarded, was found guilty for possessing this mental incapacity which prevented them from appreciating the risk, even though they have no control over this deficiency...
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