C/L/122. The weakness in the current definitions of intention and recklessness requires Parliament to put in place statutory definitions. Discuss with reference to decided case law and law reform arguments.

This work considers the definitions of intention and recklessness in the context of the law of homicide. It considers their progress judicially over the last century. It discusses the weaknesses and strengths in judicial definition. This work then considers whether or not these two important definitions need to be set out in a statute in order to provide clarity. This section begins by looking at the Law Commissions proposals for the reform of Homicide, in particular their suggestions for definitions of both intention and recklessness. This work argues that the current judicial definitions of both intention and recklessness are inadequate. Neither concept has been legislatively defined nor have judicial attempts to define the two concepts resulted in clarity, certainty, consistency or agreement.