ABSTRACT
The idea of having basic crimes of intention is highly problematic, even assuming that intention is more culpable than recklessness, and it is perfectly reasonable to have a criminal code with no basic crimes of intention at all. The Model Penal Code provides that when the culpability sufficient to establish a material element of an offence is not prescribed by law, such an element is established if a person acts purposely, knowingly or recklessly with respect thereto. criminal offences in the Code, recklessness should be required and sufficient for conviction. In England, recklessness with regard to a consequence exists when the actor foresees that there is a risk that the consequence may possibly result from his act. The Canadian Law Reform Commission was aware of the legal situation in England, but decided to require a mental state of purpose.
