ABSTRACT

Introduction Recklessness is a mens rea requirement for a number of criminal offences and falls short of direct or oblique intention (see Chapter 1). Recklessness is proved where, although the defendant did not intend for the result to happen, he may have foreseen it as a consequence of his actions. Note that the degree of probability of a risk for recklessness falls short of that required for oblique intention (foresight of highly probable or virtually certain consequence). Recklessness on the part of the defendant is assessed subjectively; that is, by looking at the defendant’s state of mind at the time of the offence and what he actually foresaw. If he foresaw a risk but went on to take it, then he is reckless. If he failed to foresee the risk for whatever reason, then he does not have the requisite mens rea for the offence (Cunningham (1957)).