... court when deciding the accused mental state and there has been much criticism surrounding the way the courts have dealt with this problem. One commentator said that: "Subjectivism became the orthodox academic theory of mens rea earlier this century4." It has also been said that: 315 "Subjective tests heighten the protection of individual autonomy, but they typically make no concession to the principle of welfare...of fellow citizens5." Thus commentators are undecided about the proposal stated in the above question. The original description of negligence (given in a civil court) was in the case of Blyth v Birmingham Waterworks Ltd.6 where Alderson B. said: "Negligence is the omission to do something which a reasonable man...would do, or doing something which a prudent and reasonable person would not do.7" The test in this case refers to what the "prudent and reasonable man would not do," showing that originally the courts favoured an objective approach when considering mens rea. In criminal ...

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