Mens Rea II: Intention Flashcards
What does intention mean in a legal context?
Wanting or desiring a particular outcome
Key Case: People (DPP) v O’Loughlin
What is the key distinction of intent in legal terms?
Purposeful act of bringing about the criminal wrong, not an accidental consequence
Key Case: People (DPP) v FN
Define direct intention.
Where the outcome is the immediate and desired objective of the accused’s actions
Provide an example of direct intention.
Planting a bomb to blow up a plane, intending to kill passengers
Key Case: Clifford v DPP
What is a key point about direct intention cases?
They are straightforward and require little elaboration
People (DPP) v FN
Define oblique intention.
Arises where the defendant’s primary aim differs from the criminal outcome, but the outcome is a foreseeable and virtually certain result of their actions
What is the Virtual Certainty Test?
Jury must determine if death or serious injury was a virtual certainty of the defendant’s actions and if the defendant appreciated this fact
R v Nedrick and R v Woollin
What is the refinement in the Woollin test regarding jury findings?
Jury must “find” the intention, not merely infer it
What does evidence of recklessness in oblique intention cases indicate?
A reasonable person would foresee death as a natural and probable consequence, coupled with the accused’s reckless disregard for the outcome
People (DPP) v Douglas and Hayes
Provide an example of oblique intention.
Starting a fire intending to frighten but causing death
Key Case: Hyam v DPP
What is another example of oblique intention?
Pouring paraffin into a letterbox and starting a fire, leading to death
Key Case: R v Nedrick
Give an example of oblique intention involving a child.
Throwing a baby in frustration, foreseeing a risk of serious harm
Key Case: R v Woollin
What is the current approach regarding the Woollin test in Ireland?
The Woollin test is persuasive, but Irish courts have not definitively adopted it
What recommendation did the Law Reform Commission make regarding the Woollin test?
To formally incorporate the Woollin test for clarity and consistency in cases of oblique intention
What is one proposal from the LRC Report on Homicide regarding reckless killing?
Broaden the scope of murder to include reckless killings manifesting an extreme indifference to human life
