Chapter 9 - Intention I

Question 1

Explain the cognitive element

Answer 1

The cognitive element consists of Thabo’s Knowledge or awareness of the act, the existence of the definitional elements and the unlawfulness of the act

Question 1

Name the 2 elements of Intention

Answer 1

1. Conative
2. Cognitive

Question 2

Explain the conative element

Answer 2

The conative element consists of Thabo’s directing his will towards a certain act or result.

Question 3

Define intention

Answer 3

A person acts or causes a result intentionally if he wills the act or result in the knowledge of what he is doing, that the act and circumstances surrounding it accord with the definitional elements, and that it is unlawful.

Defined even more concisely, we can say that intentions are to know and to will an act or a result.

Question 4

What are different forms of intention?

Answer 4

1. Direct intention (dolus directus)
2. Indirect intention (dolus indirectus)
3. Dolus eventualis

Question 5

Explain direct intention (dolus directus) and give an example.

Answer 5

A person acts with direct intention if the causing of the forbidden result is his aim or goal. Thabo wants to kill Lebo. Thabo takes his revolver, presses it against Lebo’s head and pulls the trigger. The shot goes off and strikes Lebo in the head. Lebo dies instantly.

Question 6

Explain indirect intention (dolus indirectus) and give an example

Answer 6

A person acts with indirect intention if the causing of the forbidden result is not his main aim or goal, but he realises that, in achieving his aim, his conduct will necessarily cause the result in question. Thabo shoots at a target through a closed glass window. His main purpose is to hit the target, but he realises that by doing this, he must necessarily also shatter the window. if he decides, nevertheless, to act to attain his main purpose, he naturally also wills those consequences that he realises must inevitably accompany his main purpose.

Question 7

Explain dolus eventualis and give an example.

Answer 7

A person acts with dolus eventualis if the causing of the forbidden result is not his main aim, but, he subjectively foresees the possibility that in striving towards his main aim, his conduct may cause the forbidden results, and he reconciles himself to the possibility. Thabo disconnects sections of a railway track in order to derail. He does not desire to kill other people, because his immediate goal is to commit sabotage and, in this way, to express the resentment he feels towards that state. He is nevertheless aware of the possibility that people may die if the train derailed, and he reconciles himself to the possibility. If he succeeds in derailing the train and people die, it is futile for him to allege that he did not intend to kill the people.

Question 8

How is the test for intention conducted?

Answer 8

The test with respect to intention is purely subjective. The court must determine what the state of mind of that particular person, the accused, was hen he commited the act.

Question 9

How is intention proved in court?

Answer 9

Sometimes there may be direct evidence of intention, if, in a confession, in the course of being questioned at the stage of explanation of plea, or in his own evidence before the court, Thabo admits that he acted intentionally, and if the court believes him, there is obviously no problem. However, in most cases, Thabo does not make such an admission.

There is no rule to the effect that a court ma find Thabo aced with intent only if he admitted that he had intent. It is, after all a well known fact that many accused who did actually have intent subsequently deny in court that they acted intentionally. A court may base a finding that Thabo acted intentionally on indirect proof of intent

Question 10

What knowledge, as an element of intention, must cover the requirements of crime?

Answer 10

1. The act
2. The circumstances included in the definitional elements
3. The unlawfulness of the act

Question 11

Explain the intention regarding unlawfulness

Answer 11

Knowledge of the unlawfulness of an act is knowledge of a fact, and is present not only when Thabo actually knows that the act is unlawful, but also when he merely foresees the possibility that it may be unlawful and reconciles himself to this.

Question 12

What is the distinction between motive and intention?

Answer 12

Intention must not be confused with the motive for committing the crime. In determining whether Thabo acted with intention, the motive behind the act is immaterial. For this reason, Thabo is guilty of theft, even though he steals from the rich in order to give to the poor. A good motive may, at most, have an influence on the degree of punishment imposed.