Intention

Question 1

Criminal justice act 1967 s8

Answer 1

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

Question 2

Examples of crimes that require intention

Answer 2

Murder
Theft
S18 GBH with intent

Question 3

What is direct intention?

Answer 3

D must want it to happen. It is their aim or purpose.

Golden rule- here juries do not need direction from the judge on the meaning of intention.

Question 4

Why is direct intention difficult?

Answer 4

To require proof that it was the D’s purpose to bring about a particular consequence places a high burden of proof on the prosecution. Therefore criminal law only requires proof of oblique intent. (Foresight intent)

Question 5

What is oblique intention?

Answer 5

The D may have intent if it can be proved that they foresaw the consequences of their action even if it was not what they wanted to happen but a by-product.

Question 6

Example of Fred

Answer 6

Feeds company is in financial trouble and he needs money. He puts false diamonds on a plane then blues it up to claim insurance. People die. Main aim = insurance foreseeable consequence= people dying.

Question 7

Current law- Smith and Hogan

Answer 7

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

Question 8

What cases developed oblique intention?

Answer 8

Moloney, Hancock and Shankland, Nedrick, Woollin (current law), Matthews and Alleyne

Question 9

Moloney

Answer 9

Initially guilty of murder but appeal allowed as HL disapproved of Hyam so not murder (but manslaughter)
Intention MAY be inferred if:
A) death or serious harm was a natural consequence of D’s acts and
B) D foresaw this

Question 10

Hancock and Shankland

Answer 10

Taxi driver killed by concrete block hitting windscreen after being thrown off a bridge by miners.
The court said probability was needed as many things may be a natural consequence but still be very unlikely. Intention MAY be inferred if:
A) the consequences were a probable and natural consequence of his actions AND
B) the D foresaw this.

Question 11

Nedrick

Answer 11

Poured parafin through a letter box and set it alight, a child died.
Intention MAY be inferred if:
A) the consequences were VC to follow from D’s actions barring some unforeseen event AND
B) the D foresaw this

Question 12

Woollin

Answer 12

D threw his baby and the baby died. HL said not murder but manslaughter.
HL disagrees with the CA and said substantial risk was insufficient. Current ratio: the jury are entitled bug not bound to find intention if:
a) they feel sure the consequences were VC to follow from the D’s actions AND
B) the D foresaw this.

Question 13

Matthews and Alleyne

Answer 13

Dropped V who couldn’t swim from a bridge. Watched him swim to the side but left before seeing him out safely. V drowned. Upheld Woollin, foresight is only evidence not intention

Question 14

Mohan 1975

Answer 14

Motive is different to intention