Conditional Intent Flashcards
Case facts of r v Easom
D picked up a handbag and searched through it and put it back without taking anything.
Found not guilty as CA felt no intention of permantley depriving the owner of its content as he was looking for money but there was no money
Also found not guilt of theft
Case facts of r v Husseyn
D was hanging around the back of a van but ran off when the police approached.
Convicted of attempting to steal sub aqa equipment but quashed on appeal
Why is Easom criticised
Because d had intent to steal if there was anything worth stealing so he should be convicted of attempted theft
The decisions made is Easom and Husseyn seems unfair on what grounds
Public policy
How have the courts got around the problems presented in Easom and Husseyn.
Introducing conditional intent
What does conditional intent mean
D will intent to steal something if there is something worth stealing
What did attorney generals reference no 1 and 2 1979 indicate
Conditional intent will do for intention
If tried today would Husseyn and Easom be guilty
Yes using conditional intent
Cases linked to conditional intent
R v Easom
R v Husseyn
Ag ref no1+2