intention Flashcards
direct intent
desired consequence - an aim and desire with absolute certainty (100%)
oblique intent
undesired consequence - no aim and desire with a virtual certainty (90%), less than 90 would be manslaughter
Smith
PC asked him to stop, drove away with the stolen goods, killing the officer
LoF - before the act
F = I - before the act
HOL set the test for oblique intent - ordinary reasonable man so guilty as the ORM would have foreseen death or serious injury
The criminal justice act 1967 - S.8
set the test for oblique foresight does not equal intent 1 - defendant intended or foresaw the end result subjectively 2 - natural and probable consequence 3 - the jury may infer intent
Hyam
blazing newspaper through the letterbox to scare but killed two children
LoF - highly likely consequence
F = I (ignored the act)
3 : 2 split Viscount Dilhorne - F = I , Lord Halisham F is not I
Moloney
gun competition, son shot stepfather through the head
LoF - natural consequence
F is not I
Trial judge - no test is needed, oblique isn’t necessary as it was either direct or manslaughter
Hancock and Shankland
minor strike, threw block of concrete killing a taxi driver
LoF - natural and probable followed the act
F is not I
Lord Scarman - critised Moloney and followed the act completely
Nedrick
neighbour grudge, paraffin through letterbox killing a 12 year old COA so not binding
LoF - virtual certainty
F is not I followed in walker and Hayles
Woolin
through 3 month year old baby against a wall, fractured skull and died
LoF - virtual certainty
unclear whether F = I
TJ - jury could convict if they foresaw a substantial risk
Lord Steyn - changed infer to find - removes jury flexibility
overall majority - agreed with the verdict but only 2 signed
Does foresight equal intent?
professional J C Smith - agreed that Steyn said F = I
Re A - confirmed F = I
Matthews and Alleyne
dangled off the bridge and he couldn’t swim - he died
LoF - virtual certainty
F is not I - same judges saying different things
Wright
prison death - suicide or murder?
prosecution held that D had killed V
defense held that V had committed suicide
TJ didn’t use Nedrick
COA no misdirection as it was either direct / oblique