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Criminal Law  

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Criminal Law Coursework One of the major elements in culpability is that the accused should have a mental state commensurate with committing the offence. Nearly all criminal offences require a demonstration of mens rea. However, it is unusual to see the term mens rea used in statute; instead statutes use terms like `intend' or `reckless' to express the mental state of the perpetrator. It is paramount to define recklessness, however 'recklessness has thrown up definitional problems in the last fifteen years or so'1 The law relating to recklessness has developed and changed over a long time and for much of this time the two types of recklessness have been Cunningham2 Recklessness and Caldwell3 recklessness, however this has recently changed. This essay will discuss the history of recklessness, how the case of R v G and R4 has affected or clarified the law and the proposals for reform which were considered as...

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