What is the difference between recklessness and intention?

Recklessness and intention are both types of mens rea but are of different levels. Intention is defined in Mohan as 'aim or purpose' and is the the most severe and usually used for higher level crimes like murder of S.18 of non-fatals. Recklessness is found in Cunningham which holds that D foresaw that their actions were likely to cause harm but continued anyway.  This is a lower level of mens rea used for milder crimes like assault and battery.

The difficult bit is when you have the indirect intent of Woollin which straddles the line between intention and recklessness and requires that the outcome was 'virtually certain' and that the D was aware of this. If the answer is yes then the jury can use this as evidence that D intended it to happen. 

GM
Answered by George M. Law tutor

27809 Views

See similar Law A Level tutors

Related Law A Level answers

All answers ▸

How to distinguish between voluntary and involuntary manslaughter


Briefly outline what prerogative powers are


Discuss the extent to which the rules on intention to create legal relations are in need of reform (OCR H415/03 Specimen Paper).


Give the definition of "obiter dicta" made in a judgment within a case


We're here to help

contact us iconContact ustelephone icon+44 (0) 203 773 6020
Facebook logoInstagram logoLinkedIn logo

MyTutor is part of the IXL family of brands:

© 2025 by IXL Learning