What is the difference between recklessness and intention?

Recklessness and intention are both types of mens rea but are of different levels. Intention is defined in Mohan as 'aim or purpose' and is the the most severe and usually used for higher level crimes like murder of S.18 of non-fatals. Recklessness is found in Cunningham which holds that D foresaw that their actions were likely to cause harm but continued anyway.  This is a lower level of mens rea used for milder crimes like assault and battery.

The difficult bit is when you have the indirect intent of Woollin which straddles the line between intention and recklessness and requires that the outcome was 'virtually certain' and that the D was aware of this. If the answer is yes then the jury can use this as evidence that D intended it to happen. 

Answered by George M. Law tutor

24897 Views

See similar Law A Level tutors

Related Law A Level answers

All answers ▸

Critically assess the mens rea requirements for the offence of Murder


Before leaving Les’s house, Neil swallowed some tablets which he found in the bathroom. Subsequently, back in his own flat, he set fire to the carpet (which belonged to the landlord) under the delusion that he was making a camp-fire. The fire spread rapid


Should the law of murder be reformed within the UK?


Is the Human Rights Act destructive of Parliamentary Sovereignty?


We're here to help

contact us iconContact usWhatsapp logoMessage us on Whatsapptelephone icon+44 (0) 203 773 6020
Facebook logoInstagram logoLinkedIn logo
Cookie Preferences