... term confused is defined as not having clarity or sufficient understanding of a matter. In addition, unfair is defined as unequal or unjust, therefore leading to injustice, the non-allowance of mitigating circumstances. Things are either black or white; the acceptance of grey is negligible. To have an understanding of the concept of recklessness, firstly, intention has to be discussed. The 19th century criminal legislation required that defendants had to have acted `maliciously' and `unlawfully' when committing an offence. The accused will act unlawfully if he fails to provide a lawful reason for his act, he would be considered acting maliciously once he satisfies the level of Mens Rea required for the Actus Reus. The word `malicious' introduces the requirement of Mens Rea. The statutory definition of `malice' is, requiring an actual intention to do a particular kind of harm that in fact was done, or reckless as to whether such harm ...

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