... legal meaning has to be given to the jury, so as to avoid miscarriages of justice. However, the word had produced uncertainty because there is no statutory definition and judges have produced two meanings of recklessness for different crimes. It is often difficult for the prosecution to prove that D intended to commit the crime in question and for many offences, it is therefore not necessary to show a high degree of blameworthiness; it is sufficient to prove that D has been reckless as to whether the crime has been committed. The original definition for recklessness was that in R v Cunningham, which concerns Section 23 of the Offences against the Person Act (1861). In this case recklessness is purely subjective regarding the person's state of mind, Byrne J. in his judgement directed the jury to this definition of recklessness: "(1) An actual intention to do the particular kind of harm that in ...

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