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In English law what is meant by: (a) intention; and (b) recklessness. Why has there been uncertainty surrounding the appropriate meaning to be attributed to these words?
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Criminal Law Assignment 1 Q. In English law what is meant by: (a) intention; and (b) recklessness. Why has there been uncertainty surrounding the appropriate meaning to be attributed to these words? Ans. In English law, intention is the highest level of mens rea (what the defendant is intending, thinking or failing to think about when the crime is being committed). It consists of two types: direct intention, where a person desires the result of their actions, or oblique intention, where the defendant carries out an attack and produces another consequence which they did not intend, but knew was virtually certain to occur. Both of these definitions provide the basis to place blame on individuals and punish them. For example, Steve decides to kill Tim who bullied him at school by stabbing him with a knife - Steve does so and Tim dies. Clearly, Steve has the actus reus of murder...
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