It is clear that several members of the judiciary are unhappy about some of the moral implications of Caldwell recklessness. In particular, there is concern about the accused whose capacities, mental or physical, are appreciably more restricted than those of the ordinary person. Such person may not just fail to foresee risks obvious to rcasonable people, they may plausibly be seen as being incapable of so doing. Judicial anxiety about this first surfaced in Elliott v C. There, the Queen's Bench Divisional Court allowed a prosecution appeal against the acquittal of a 14 year old girl (who was in a remedial class at school) for the criminal destruction of a garden shed and its contents.