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. 

GM
Answered by George M. Law tutor

26593 Views

See similar Law A Level tutors

Related Law A Level answers

All answers ▸

Explain the difference in assessing the breach of duty for negligent doctors compared to the ordinary person.


What is the difference between Criminal and Civil Law in the UK?


How effective is the Human Rights Act 1998 at protecting our human rights?


The law on the non-fatal offences against the person has been subjected to frequent criticism but little reform has been attempted. Evaluate the current law and suggest what reforms may be desirable.


We're here to help

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

© MyTutorWeb Ltd 2013–2025

Terms & Conditions|Privacy Policy
Cookie Preferences