Maloney - Cannot accept implied malice as foreseeability is not intent
Nedrick - Foreseeability is intent
Difference between " I wanted to kill them" and " I wanted to hurt, but not kill"
- This difference does not change anything according to sentencing and the law
- Issue of Fairness in the law
- Same Result given to different crimes
- Giving different sentencing would cause Loopholes
Handcock and Shankland - Blocking of the road (Intent to stop traffic, not to kill)
Reform
Codify - Pull together all areas of the law to create one law
- "Intends to cause death or intends to cause serious personal injury and is aware that this may cause death" Draft of 1989
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