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Despite criticism of R and Moloney, in R and Hancock and Shankland, the decision
remains the same.
Discuss this assertation in light with subsequent case law.

Intention, given its normal meaning, refers to the aim or purpose of the defendant's actions and
it is purely subjective. S8 of the Criminal…

Page 2

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was foreseen, the greater the probability it is that that consequence was intended'. With the Moloney
Guidelines no longer being used, the jury was directed to consider two questions:
How probable was the consequence which resulted from the defendant's Act?
Did the defendant foresee that consequence?

However, despite criticism of…

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