... It fails to cover recklessness so, for example, a terrorist who gives a warning that he has planted a bomb but people are still killed as a result of it being detonated, cannot be convicted of murder because he doesn't have the requisite mens rea. It is clear that the mens rea of murder needs to be amended so that it perhaps no longer includes an intention to cause really serious injury but does include recklessness. The Law Commission Draft Criminal Code recommends that the mens rea of murder should be intending to cause death or intending to cause serious injury and being aware that he may cause death. A defendant who intended to cause grievous bodily harm but was not aware that the victim could die would therefore be convicted of manslaughter instead. Another problem with the law on murder is with the actus reus which states that the victim must ...

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