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• The Caldwell test is ‘capable of leading to obvious unfairness’. Here, the jury felt it ‘neither moral not just’ to convict a defendant (in this case a child) on the basis of what someone else may have appreciated, when the defendant in fact has no appreciation himself. • Criticism of the decision in Caldwell should not be ignored where such criticism is widespread amongst academics, the judiciary and practitioners. • There was a ‘misinterpretation’ of the term ‘reckless’ which was ‘apt to cause injustice’. Thus it was necessary to correct the misinterpretation.