intention Flashcards

You may prefer our related Brainscape-certified flashcards:
1
Q

direct intent

A

desired consequence - an aim and desire with absolute certainty (100%)

How well did you know this?
1
Not at all
2
3
4
5
Perfectly
2
Q

oblique intent

A

undesired consequence - no aim and desire with a virtual certainty (90%), less than 90 would be manslaughter

How well did you know this?
1
Not at all
2
3
4
5
Perfectly
3
Q

Smith

A

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

How well did you know this?
1
Not at all
2
3
4
5
Perfectly
4
Q

The criminal justice act 1967 - S.8

A
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
How well did you know this?
1
Not at all
2
3
4
5
Perfectly
5
Q

Hyam

A

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

How well did you know this?
1
Not at all
2
3
4
5
Perfectly
6
Q

Moloney

A

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

How well did you know this?
1
Not at all
2
3
4
5
Perfectly
7
Q

Hancock and Shankland

A

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

How well did you know this?
1
Not at all
2
3
4
5
Perfectly
8
Q

Nedrick

A

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

How well did you know this?
1
Not at all
2
3
4
5
Perfectly
9
Q

Woolin

A

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

How well did you know this?
1
Not at all
2
3
4
5
Perfectly
10
Q

Does foresight equal intent?

A

professional J C Smith - agreed that Steyn said F = I

Re A - confirmed F = I

How well did you know this?
1
Not at all
2
3
4
5
Perfectly
11
Q

Matthews and Alleyne

A

dangled off the bridge and he couldn’t swim - he died
LoF - virtual certainty
F is not I - same judges saying different things

How well did you know this?
1
Not at all
2
3
4
5
Perfectly
12
Q

Wright

A

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

How well did you know this?
1
Not at all
2
3
4
5
Perfectly