Reform of the law on intention Flashcards
What is ‘Intention’ not defined by?
not defined by any statute
What wast the first draft of the Law Commissions past suggested definitions for ‘intention’?
Draft Criminal Code 1989
what does clause 18 (b) of the Draft Criminal Code 1989 say which would define intention?
when a person acts intentionally in respect to that he
- knows the circumstance exists
- is aware the result will occur in the ordinary course of events
Who criticised the definition proposed by the Law Commission in the Draft Criminal Code 1989?
Professor Sir John Smith, a leading academic
What did Professor Sir John Smith, a leading academic say when he criticised the proposal of the definition of intention by the Law Commission?
he pointed out that using the phrase ‘being aware’ risked blurring ‘intention’ with ‘recklessness’
What does recklessness require which Professor Sir John Smith a leading academic said could have blurred with intention under the words ‘being aware’?
that D knows there is a risk of a result
What is recklessness in comparison to intention?
a lower level of Mens Rea
Why is it important that there is a clear distinction between intention and recklessness?
because recklessness is a lower level of Mens Rea
What was the problem with the requirement under the Law Commissions Draft Criminal Code 1989 which meant D had to be aware that a result will occur in the ‘ordinary course of events’?
as this did not cater for situations in which D is not sure that his main purpose will be achieved and so cannot be aware that the secondary result will in the ordinary course events that follow
What are the two phrases of the Law Commissions Draft Criminal Code 1989 for the definition of ‘intention’?
- being aware
- ordinary course of events
What is an example of an instance whereby D is not sure that his main purpose will be achieved and thus cannot be aware that the secondary result will ensue in the ordinary course of events that follow?
D places a bomb on a plane intending to destroy the cargo to claim insurance. He knows that type of bomb does not always go off. So, it cannot be said that D is aware the deaths of the crew of the plane will happen in an ‘ordinary course of events’.
Another criticism of the Law Commissions Draft Criminal Code 1989 is that a person could be held to have intended a result that was his purpose to avoid. Which judge expanded on this problem in a debate in the HOL?
Lord Goff
What example did Lord Goff use in the HOL when criticising the Law Commissions draft proposal?
A father throws child out of burning house to save her but knew she could suffer serious injuries. Child dies of these injuries.
What was the report called the Law Commission came up with after the 3 criticisms of its Draft Criminal Code in 1989?
Offences Against the Person and General Principle 1993
In brief. what were the 3 criticisms of the Law Commissions Draft Criminal Code 1989?
- risk of blurring intention with recklessness
- D may not be sure of main purpose can be achieved so cannot know of secondary results
- a person could be held to have intended a result that was his main purpose to avoid
