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The present law on Recklessness is confused and unfair discuss
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The present law on Recklessness is confused and unfair discuss An underlying principle of criminal law is that a person should not be punished unless he or she has committed either the act or omission in question and is blameworthy. In order to be culpable it must be established that an offender has not only committed the offence but is responsible for it. The two aspects of the offence are usually referred to as Actus Reus, the act and, Mens Rea, the mental aspect of the crime. Both the act and the intention are required before an individual is deemed guilty of an offence. (Davies et al 1998 p38) This essay will primarily give definitions for the purpose in this paper, of confused and unfair, it will offer a succinct history of intent, and will illustrate recklessness, both Cunningham [1957] and Caldwell [1982]. The paper will discuss the rationale for asserting two...
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