Question: "By using the phrase ‘substantial risk’, the [trial] judge blurred the line between intention and recklessness." (Woolin (1998) per lord Steyn ) Critically assess this statement.
Answer: Intention and recklessness are the two most important fault elements used in the criminal law and the main debate here is with accessing the blurring of lines between intention and recklessness which only is largely separated between the lines of murder and manslaughter. As far as these two forms of mens rea are concerned, liability cannot be established without evidence as to what a person foresaw when he committed the act which would have caused the prohibited results. However, David Omerod stated in ‘Smith and Hogan Criminal Law’ that with regards to the definition of intention , “the cases are inconsistent , judicial opinion has recently changed and there is still some measure of uncertainty , “ thus the reason for confusion with recklessness. Addition to that , Lord Steyn con......(short extract)
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Details: - Mark: 72% | Course: Criminal Law | Year: 1st | Words: 1308 | References: No | Date written: May, 2008 | Date submitted: December 19, 2013 | Coursework ID: 810
