Comment of foresight of consequence as intention

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  • Discussion points on foresight of consequences as intention
    • court has struggled with the concept of intention where foresight of consequence is involved
    • Natural and probable consequences
      • necessary to include both words in the test for intention
        • could be a natural consequence without being a probable consequence
      • a natural consequence of sexual intercourse - girl gets pregnant
        • it is not a probable consequence
          • pregnancy only happens in a small number of cases
    • The difficulty for jurors applying the law
      • law has been left in a state which is difficult to explain to jurors and difficult to apply the law
        • Moloney
        • Hancock and Shankland
      • difficulty has been emphasised when the court of appeal tried to make it easier for jurors to understand and apply the law in Nedrick
    • Infer or Find
      • the use of the two questions from Nedrick operated for 12 years until Woolin
        • House of Lords felt they were not helpful
      • House of Lords also said that the jury should find instead of infer
    • Two interpretations of Woolin
      • the court of appeal in two different cases has interpreted the decision of the House of Lords in Woolin in different ways
      • Re A
        • Court of Appeal thought that Woolin meant that foresight is intention
      • Mathews and Alleyne
        • stated that foresight of consequence is only evidence of intention


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