Recklessness is a problematic area of the criminal law, since there is no strict definition of what constitutes it. Statutes make provision for the presence of recklessness, but have yet to define it strictly, thus it falls on the hands of the judges to interpret what is meant by recklessness. It is therefore most easily delineated via case law.
The three main types are intention (proved by an aim, purpose, or foresight of a virtual certainty), recklessness (conscious, advertent, unjustifiable risk taking, but what the reasonable person would have foreseen is no longer enough), and negligence (on the whole, only gross is criminal).
Criminal Law is a subject typically taught in the first or second year of a law degree. This exam answer is an excellent example of the IRAC method, an exam technique which is espoused by law lecturers around the country. Try to answer the question yourself first before looking at the answer.
The law on recklessness has a long and complicated history. It started in section 51 of the Malicious Damage Act 1861 which stated that 'whoever shall unlawfully and maliciously commit any damage, injury, or spoil being to an amount exceeding five pounds, shall be guilty of a misdemeanour.'.
