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R v Spratt [1990] 1 WLR 1073.

The defendant fired an airgun with pellets out of his flat window. He stated that he did not think anyone was in the vicinity and did not foresee a risk of any harm he only wanted to see how far the pellets would go. Two pellets struck a young girl playing in the forecourt. He was charged with ABH and pleaded guilty. He was sentenced to 30 months and appealed against sentence. When the appeal came before the court the judge questioned whether the facts as stated could give grounds for a conviction and referred an appeal against conviction. The Crown contended that inadvertent (Caldwell) recklessness would suffice for a charge under s.47.


Conviction was quashed. Recklessness required the defendant to have an appreciation of the risk.
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