(intention) G153 Elements Flashcards
Is intention subjective or objective?
Subjective - CJA 1967 s8: jury must consider all evidence to decide whether D foresaw & intended the result. Cannot act on what a RP would have foreseen.
Direct intention:
The crime must match Ds desired aim or purpose. They must want the result to happen.
Oblique intention:
The crime is vertically certain to be a result of Ds actions. If D foresaw the consequences of his actions as vertically certain he is more blameworthy than if he saw the result as only possible.
Current law (smith and hogan)
1) a consequence is intended when it is the accused purpose. (Direct intention)
2) a court or jury may also find the consequence is intended, though it is not desired, when - (i) the consequence is a VC result of the act, and (ii) the accused knows it is VC.
Case of moloney
D shot his step father in a drunken shooting competition. His direct intention was to show his step father he could shoot, but the oblique intention was that someone could be injured.
Law: intention may be inferred if a) a death or serious harm was a natural consequence and b) D foresaw this
Hancock and shankland
Miners strike - concrete block thrown at taxi to stop miner going to work. Resulted in the death of taxi driver. Intention may be inferred if death/serious injury a probable and natural consequence and d foresaw this.
Nedrick
D poured lit paraffin through letter box to scare ex girlfriend. As a result, a child died.
Intention may be inferred if consequences were VC and D foresaw this.
What crimes does intention apply to?
Result crimes
Woolin (current law)
Facts - threw baby across room to stop him crying. Baby died as a result
Direct intention - to stop baby from crying
Oblique intention - caused babies head injuries that he died from
Same 2 Q test as with Nedrick but used find not infer as to not draw conclusions
Matthews and Alleyne
Facts - threw non-swimmimer into river, he drowned
Direct intention - bully and laugh at victim
Oblique intention - he drowned because he couldn’t swim
Upheld the law in Woolin & Nedrick
Re A
Conjoined twins, if not separated would both die - if separated weaker one would die. Special defence created to protect the doctors when they operated to separate the twins knowing one would die.
