ON REFORMING THE MENTAL ELEMENT OF THE CARTEL OFFENCE

This article assesses the mental element of the Irish cartel offence and argues that a mens rea of intention is required if the offence is to function properly. It is argued that the current strict liability regime governing the cartel offence is unjustified and sacrifices too many non-consequentalist concerns in favour of dubious claims of fostering greater deterrence. After highlighting the application of both direct and oblique intention, the article argues against inferring a mens rea into the cartel offence. Rather, a redrafting of the cartel offence is called for.