R v Caldwell

Additional names

Comr of Police of the Metropolis v Caldwell

Subject Matter

CRIME — Arson — Mens rea — Arson endangering life — Offence committed while intoxicated — Whether drunkenness defence — Criminal Damage Act 1971, s 1(1)(2)

[1982] AC 341; [1981] 2 WLR 509; (1980) 71 Cr App R 237

Appellate History

R v Caldwell (1980) 71 Cr App R 237, CA

Decision of the Court of Appeal (Criminal Division) affirmed

R v Caldwell [1982] AC 341; [1981] 2 WLR 509; [1981] 1 All ER 961; 73 Cr App R 13, HL(E)

Commentary

Blackstones Criminal Practice 2025
Manslaughter by Gross Negligence - Establishment of the Adomako Formula of Gross Breach of a Duty of Care B1.71

Simple Criminal Damage - Mens Rea B8.9

The Mental Element Generally A2.2

Recklessness - Recklessness Generally A2.6

Recklessness - ‘Subjective’ Cunningham Recklessness A2.7

Recklessness - Subjective Awareness of an Unreasonable Risk - Awareness of Risk A2.8

Recklessness - ‘Objective’ Caldwell Recklessness A2.10

Malice A2.12

Wilfully A2.13

Defences Denying Basic Elements of Liability - Mistake and Inadvertence: Implications of the Demise of Objective Recklessness A3.4

Defences Denying Basic Elements of Liability - Intoxication: Specific and Basic Intent A3.18

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