Intention

Intention
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Terms in this set (22)
Intention
"a person acts intentionally with respect to a result when he acts either in order to bring about or being aware that it will occur in the ordinary course of events". Most blameworthy form of men's rea.
DPP V Smith
Smith was the getaway driver for a robbery, when a PO jumped on his car D took a corner which caused V to fly off into oncoming traffic.
HL wrongly decided that 'D intends death if a reasonable man would have foreseen death or GBH'
S.8 criminal justice act 1967
D must have actually intended or foreseen the result, although the fact that the result is a natural and probable consequence may be enough to infer that D intended it (subjective element)
Mohan
A decision to bring about, in so far as it lies within the accused's power, the commission of the offence which it is alleged the accused attempted to commit, no matter whether the accused desired the consequence or not. (Wanting the result of the crime supposedly committed whether it was fully achieved or not)
Two types of intention
1. Direct
2. Oblique
Direct intention
D wants a specific consequence to occur e.g. D shoots V because he wants to kill him
Mohan
Accelerated towards a PO who requested him to stop. Charged with intent to cause GBH found not guilty as it requires intention and it couldn't be proved.
Oblique intention
D did not intend the result but in acting as he did realised it may/will occur e.g. D throws a rock through a window intending to do damage but the rock hits some one.
Moloney
Pretend duelling battle with real guns D accidentally shot V in the head. D was guilty as the consequence was foreseeable.
Steane (direct intention only)
Radio presenter during WW2 being forced to do propaganda with the consequence of having his family put into a concentration camp arrested for treason on return to uk.
Woolin (degree of foresight)' where the charge is murder and in the rare case where the simple direction is not enough, the jury should be directed that they are not entitled to find the necessary intention, unless they feel sure that death or serious bodily harm was a virtual certainty as a result of D's actions and that D appreciated that such was the case. The decision is one for the jury to be reached on a consideration of all evidence." (In the case of murder and it isn't direct intention intention doesn't have to be proved unless what happens was virtual certain that D's actions would cause this and D was aware of this (this is the choice of the jury)) example if D wants to demolish a building but there is people in it then he doesn't have direct intention but harm is virtually certain so he has foresight and oblique intention.S.8 criminal justice act 1967 (oblique intention)Degree of probability is natural and probableHuman v DPPD posted lighted newspapers through the letterbox of her 'love rivals' house D wanted to frighten her but the fire killed both of her children. Held: foreseeing death/GBH as highly likely was sufficient men's rea for murder.MoloneyConvicted by jury after they were directed on the meaning of oblique intention. On appeal oblique intention should not have been an option it was either intention or not intention.Lord bridgeJuries should consider 2 questions (A) was death or serious injury a natural consequence of D's act? (B) did D foresee this? If YES jury may infer intention if evidence shows that death was a natural consequence.Hancock and ShanklandD's were striking miners. They were waiting on a bridge for the taxis carrying non-striking miners. They dropped a concerted block onto it which killed the driver. Held: applied Moloney for guilt of murder. On appeal: substituted for manslaughterLord Scarman's directionThe greater the probability of the consequence, the more likely it was foreseen, and therefore, the greater the probability it was intended, but the decision is for the jury after full consideration of all evidence.Nedrick (KEY CASE)D held a grudge against a woman and wanted to frighten her. He poured paraffin through her letterbox and set it alight, her son died. 'The jury should be directed they are not entitled to infer the necessary intention unless they feel sure death or serious bodily harm was a virtual certainty as a result of D's actions and that D appreciated that this was the case.'Walker and HaylesD's dropped V from a third floor balcony. V survived. Jury were directed to infer intention if D foresaw death as highly probable and were convicted of attempted murder. On appeal the conviction was upheld as death was virtually certain from that height.ScalleyParaffin through letterbox starts fire causing the death of a baby. Guilty of manslaughter.Woolin (current law)Lost temper and shook and threw baby causing its death. Held: murder. Substituted infer with find. Orbiter: lord Steyn a result foreseen as virtually certain is an intended result.Matthews and alleyneTrial judge misdirected the jury by saying if D foresaw death/GBH as VC then D must have intended it. CA confirmed that it is only evidence of intention But upheld the conviction.