Mens Rea: Intention and Recklessness Compared
Compare and contrast intention and recklessness as fault terms governing criminal liability
To be guilty of a crime, it is usually expected that the defendant has the necessary mens rea or guilty mind, (subject to cases of strict liability.). The level of mens rea required varies for different crimes, to find the mens rea one must look at the specific definition of a crime. For the purpose of this essay I will first look at Intention and Recklessness and then compare the two as fault terms governing criminal liability.
The meaning of intention in criminal law is as of yet disconcerted, however, the Law Commission of the draft Criminal law Bill clause 1 (a) attempts to provide a definition:
A person acts intentionally with respect to a result when:
I. It is his purpose to cause it; or
II. Although it is not his purpose to cause it, he knows that it would occur in the ordinary course of events if he were to succeed in some other purpose of causing some other result.
Direct/purposive intention
In Mohan[1], direct intention was explained as being, ‘ a decision to bring about, in so far as it lies in the accused’s power (a particular consequence) no matter whether the accused desired that consequence or not’. The motive behind such intention is not intention itself but is used as evidence in proving that intention exists. S.8 CJA[2] requires that all mental elements be proven by reference to all evidence. So direct intention implies that the accused’s reason for acting was to bring about that consequence and this can be seen as the clearest possible case of intentional action, as the accused will be acting for the purpose of that consequence, hence holding the highest degree of blameworthiness. Direct intent has to be proven for cases such as murder and GBH with intent
Oblique intention
Otherwise known as foresight of consequences, is a rather delicate subject for discussion. The difficulty in its explanation rises because; a
To be guilty of a crime, it is usually expected that the defendant has the necessary mens rea or guilty mind, (subject to cases of strict liability.). The level of mens rea required varies for different crimes, to find the mens rea one must look at the specific definition of a crime. For the purpose of this essay I will first look at Intention and Recklessness and then compare the two as fault terms governing criminal liability.
The meaning of intention in criminal law is as of yet disconcerted, however, the Law Commission of the draft Criminal law Bill clause 1 (a) attempts to provide a definition:
A person acts intentionally with respect to a result when:
I. It is his purpose to cause it; or
II. Although it is not his purpose to cause it, he knows that it would occur in the ordinary course of events if he were to succeed in some other purpose of causing some other result.
Direct/purposive intention
In Mohan[1], direct intention was explained as being, ‘ a decision to bring about, in so far as it lies in the accused’s power (a particular consequence) no matter whether the accused desired that consequence or not’. The motive behind such intention is not intention itself but is used as evidence in proving that intention exists. S.8 CJA[2] requires that all mental elements be proven by reference to all evidence. So direct intention implies that the accused’s reason for acting was to bring about that consequence and this can be seen as the clearest possible case of intentional action, as the accused will be acting for the purpose of that consequence, hence holding the highest degree of blameworthiness. Direct intent has to be proven for cases such as murder and GBH with intent
Oblique intention
Otherwise known as foresight of consequences, is a rather delicate subject for discussion. The difficulty in its explanation rises because; a
Bibliography: [4] (1975) AC 55.