ABSTRACT
The empirical data may vary from offence to offence, hence it is completely possible that the correlation between intention and higher degrees of culpability will exist in the context of certain offences, but not in the context of others. If the legislator decides to distinguish between direct intention and recklessness in the context of a certain offence on the basis of the present justification, then he will also have to decide what to do concerning cases of oblique intention. Dividing the offence into two categories entails a cost, as the grading scheme is only based on an approximation. In the context of homicide there is a significant empirical correlation between intention and higher degrees of culpability, on the one hand, and between recklessness and lower degrees of culpability, on the other. A special reason emanates for distinguishing between intention and recklessness in the context of homicide.
