Recklessness & Intention - Critically assess the meaning of the term 'reckless' in criminal law

... J.Suliman Recklessness & Intention 1. Critically assess the meaning of the term 'reckless' in criminal law. Recklessness is the taking of an unjustifiable risk. There are two levels of recklessness. First, 'subjective' recklessness; this is where the defendant realises that a risk may arise if a certain action is taken, and in spite of this he takes that action and ignores the consequences involved. Second, 'objective' recklessness arises when it is obvious to all that a reasonable prudent person would have realised that there was a risk, so the fact that the defendant may not have even considered whether there were any risks is irrelevant (as a normal person would have in that situation). The idea of subjective recklessness ties in more readily with the policy of punishing someone for something she is morally responsible for, as it takes into consideration the state of mind of the defendant. The concept of

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