QUEEN'S BENCH DIVISION
THE ADMINISTRATIVE COURT
London WC2A 2LL
B e f o r e :
(Sitting as a Judge of the High Court)
|DIRECTOR OF PUBLIC PROSECUTIONS||Respondent|
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(Official Shorthand Writers to the Court)
Mr Leslie Chinweze (instructed by the Crown Prosecution Service) appeared on behalf of the Respondent
Crown Copyright ©
"Even though the current legal position is that there must be subjective awareness of an unreasonable risk that does not mean one can avoid liability, absent special circumstances such as age or mental disorder, by asserting you did not appreciate a risk when it was obvious?"
In terms, in my judgment, that does seem to be suggesting that a person may be convicted of an assault on the basis of recklessness even though he did not appreciate the risk, provided the risk was obvious. If that is the thrust of the question, in my judgment the answer to the question is that a person cannot be so convicted on that basis. It is now clear, as I have said, that the court must examine the state of mind of the accused himself. It is his subjective awareness which is important, not what would be objectively justified.