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Critically evaluate the meaning of the term 'recklessness' to describe an aspect of mens rea and explain how it is currently applied to offences in English Law.
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Critically evaluate the meaning of the term 'recklessness' to describe an aspect of mens rea and explain how it is currently applied to offences in English Law Recklessness is defined as taking an unjustified risk, it is wider than intention and is the requirement for a lot of crimes, it needs to be clearly defined but it is difficult to as there are two different meanings. There are two tests of recklessness, the first of which is called Cunningham recklessness. The definition of this test is where the defendant had realised the risk involved of his actions, but had decided to take the risk anyway. This definition was defined in the case of R v Cunningham (1957) where the defendant tore a gas meter off the wall of an empty house to steal money. It caused the gas to seep into the house next door causing the woman living there harm. The...
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