Intention

Question 0

Direct intention.

Answer 0

The crime must match the D’s desired aim or purpose. They must want it to happen.

Here juried don’t need direction on the meaning of intention from the judge.

Question 1

Why is intention subjective.

Answer 1

The jury must consider all the evidence to decide whether the defendant foresaw and intended. They cannot act on what the RP would have foreseen.

Question 2

Oblique, indirect or inferred intention.

Answer 2

Difficult to prove intention where the crime was not the main aim but was foreseen as necessary to achieve the main aim. The ad may have intent if it can be proved that the D foresaw the consequences of their action even if it was not what they wanted to happen but a bi product

Question 3

Example of blowup intention

Answer 3

D ships false diamonds on a plane then blows it up to claim insurance. D foresees that the passengers are virtually certain to die but this is not the main aim. He obliquely intends his death so manslaughter

Question 4

Foresight of consequence as evidence of oblique intent.

Answer 4

Indirect intention raises questions of foreseeability probability and natural consequence. If the D foresaw the consequences of his actions as virtually certain then he is more blameworthy than if he saw the result as possible.

Question 5

What is the current law.

Answer 5

1) a consequence is intended when it’s the accused purpose (direct)
2) a jury may also find that a consequence is intended though it is not desired when a) the consequence is a virtually certain result of the act and b) the accused knows it is a virtually certain consequence.