Critically assess the meaning of the term 'reckless' in criminal law
The term 'recklessness; plays a crucial role in determining criminal liability yet its meaning still appears uncertain. Critically assess the meaning of the term 'reckless' in criminal law .
How should i begin with ? I cant define the term recklessness in the 1st paragraph ,right ? Anyone help plsss
Recklessness - without due care or caution. Indifferent to or disregardful of consequences. Unlawful risk taking.
In Criminal law, Recklessness is one of the elements of Mens Rea which establishes liability. There is less culpability than intention but more than criminal negligence. To commit an offence of ordinary liability as opposed to strict liability, the prosecution must prove both the mens rea and actus reus were present, since a person cannot be guilty for thoughts alone.
Mens rea is determined by assessing whether the accused had foresight of the possible consequences and desired those consequences to occur. Recklessness usually arises when the accused is aware of the potential adverse consquences, but goes ahead with his/her activity as planned and a particular individual or an unknown victim becomes exposed to the risk of the harm which was forseen by the accused.