ABSTRACT
The decision whether to divide a specific result crime into two sub-categories based on the distinction between intention and recklessness on the basis of the mentioned justification depends upon the empirical data relevant to the specific offence under discussion. Cases differ from one another in various aspects, and this raises the question whether there is a justification for isolating the factor of intention versus recklessness from all the factors that affect the appropriate punishment and using it as a basis for grading offences. It is also possible that the law of cases of oblique intention should not be the same for all intention crimes, but should vary from one intention crime to another. If the legislator decides to distinguish between intention and recklessness in the context of a certain offence on the basis of the mentioned justification, he will have to decide what to do concerning cases of oblique intention.
