The court defined intention as "a decision to bring about, in so far as it lies with the accused's power, [the prohibited consequence], no matter whether the accused desired that consequence of his act or not."
1 of 7
Moloney (1985)
In this case the HoL ruled that foresight of consequences is only EVIDENCE of intention. The jury was asked to consider whether death/serious injury was a natural consequence of D's action and whether D foresaw that as being a natural consequence.
2 of 7
Hancock and Shankland (1986)
Scarman stated that Moloney guidelines were missing probability. Held that the greater the probability of a consequence, the more likely it is that the consequence was foreseen, and if it was foreseen the greater the probability that it was intended.
3 of 7
Nedrick (1986)
Held that the jury not entitled to INFER the necessary intention unless sure that death/serious injury was a virtual certainty and that D appreciated this.
4 of 7
Woollin (1986)
Held that the direction in Nedrick should not use the word "infer". Instead the jury should be told they are entitled to FIND intention.
5 of 7
Re A (2000)
Court thought that Woollin made it law that foresight of consequences IS intention.
6 of 7
Matthews and Alleyne (2003)
Held that Woollin meant that foresight of consequences in NOT intention, it is only EVIDENCE of intention. If a jury decides that D foresaw the virtual certainty of death/serious injury then they are entitled to find intention, but do not have to.
7 of 7
Other cards in this set
Card 2
Front
In this case the HoL ruled that foresight of consequences is only EVIDENCE of intention. The jury was asked to consider whether death/serious injury was a natural consequence of D's action and whether D foresaw that as being a natural consequence.
Back
Moloney (1985)
Card 3
Front
Scarman stated that Moloney guidelines were missing probability. Held that the greater the probability of a consequence, the more likely it is that the consequence was foreseen, and if it was foreseen the greater the probability that it was intended.
Back
Card 4
Front
Held that the jury not entitled to INFER the necessary intention unless sure that death/serious injury was a virtual certainty and that D appreciated this.
Back
Card 5
Front
Held that the direction in Nedrick should not use the word "infer". Instead the jury should be told they are entitled to FIND intention.
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