and substantial' test. The defendant's acts must be the 'operative and substantial' cause of the result, as seen in the case of Smith [1959]. Mens rea element The mens rea involves the different states of mind which demonstrate the relationship between degree of fault and liability. Depending on the different state of mind of the defendant at the time of committing the unlawful act, different sentences will be given. Murder A specific intent offence, such as murder, seen in the case of R v Vickers (1957), requires intention to cause a specific result. The mens rea of murder is intention to kill or to cause grievous bodily harm. Intention is the most serious of states of mind the defendant can have, and this high level of fault is reflected in strict and long sentencing. Murder carries a mandatory life sentence, though the judge can impose a recommended minimum number of years as to which the defendant must serve before being eligible for release. However if a murder is done with specific intent in the name of a religion, ideology etc., or to particularly vulnerable groups of people such as children, or is done so continuously (such as terrorism or serial killing) then it may be that the defendant is given a whole life tariff (never sees daylight again) to reflect his level of fault. Recklessness There is also subjective recklessness, such as in the case of R v Cunningham (1957), where the defendant is not required to intend the consequence to come from his actions, but the defendant realised the risk that this consequence would occur and took the risk anyway. Such state of mind is required in most non – fatal offences, such as common assault (see section 39 of the Criminal Justice Act 1988) the assault element of assault occasioning actual bodily harm, contrary to section 47 of the Offences against the Person Act 1861 inflicting grievous bodily harm, contrary to section 20 of that Act. In all of these offences the defendant is liable of the offence and at fault if he commits the offence intending for the damage to be done, or being subjectively reckless as to whether the damage occurs. For these recklessness is sufficient to prove fault in the defendant. Gross negligence The defendant can also be grossly negligent, which is the mens rea required by involuntary manslaughter offences, such as seen in the