Facts
- The police entered the defendant’s house
- The defendant (occupier) subsequently broke a window and dragged a police officer through it, causing serious injuries
- The jury was directed that an objective test of recklessness was enough to convict the defendant under section 18 OAPA (causing grievous bodily harm with intent)
Issue
- Could the conviction be quashed due to a misdirection of the jury?
Decision
- Yes
Reasoning
- The test of recklessness for all offences against the person is a subjective one, originally recognised in R v Cunningham [1957] and restated in R v G [2004]
