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MR

Mental Blameworthiness

- Intention

- Recklessness

- Negligence

INTENTION

(All for murder)

"D's aim or objective is to kill/seriously injure"

Direct/Oblique;

Big problem is where D's intention is not the forbidden consequence but an intention to do
something else

If D saw that by achieving this `something else' he…

Page 2

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D said didn't want to kill; aim to start fire and scare V

Con. upheld

HL said; "If D foresaw the consequences of their actions, that means they intended the
consequences"

ie. f.o.c equates to intention

Unsatisfactory

Problem; diff. to separate this from subjective recklessness

Moral difference between wanting the…

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Nedrick 1989

D set fire to paraffin he poured through letterbox, killing a child

Con. of M. but quashed by CA & subb'd for con. of M/S

Lord Lane; Confirmed Maloney in that intent isn't f.o.c

Dir. jury to consider 2 different qu's;

1) Was death or serious injury virtually…

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EVALUATION OF INTENTION

No stat. definition

Cases don't define it, just issue guidelines as to how to dec. whether intention existed or not

Diff. juries reach diff. conclusions and dec's; inconsistency

Don't know why juries dec. and no input from crt

Juries may still equate f.o.c w/intention (esp. in emotive…

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SUBJECTIVE RECKLESSNESS

D is aware of risks but dec. to take it anyway and it is unreasonable for D to do so

No stat. def.

Needed for ABH, S20 GBH & Crim. dam.

R v Cunningham 1957 CA

D tore gas meter off side of house to get money inside…

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Subjective meaning used, initially, then objective, now sub. again

TRANSFERRED MALICE

If D intended to commit a similar off. on one person but fell against another

Latimer 1886

D aimed blow w/belt at man

Fell against someone else, V

Con. of ABH against her

If completely diff. crime committed, may…

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