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Critically evaluate the meaning of the term ‘recklessness’ to describe an aspect of mens rea (guilty mind) 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 (guilty mind) and explain how it is currently applied to offences in English Law. (50 marks) In criminal law, in order to be found guilty of a crime, the defendant must be proved beyond reasonable doubt to have committed both the actus reus and the mens rea of that particular offence. Actus reus is Latin for 'guilty act' and refers to the external elements of a crime. Mens rea is Latin for 'guilty mind' and refers to the mental state of the defendant at the time the act was carried out. There are several forms of mens rea, ranging from the most blameworthy (intent - murder) to the least blameworthy (inadvertent blamelessness - strict liability crimes). Recklessness is ranked just before inadvertent blamelessness because the defendant only has to realise that if he carries out a...
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