Intention Cases

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D is presumed to intend or foresee the natural consequences of his actions (though this case has been subsequently overruled)
Smith [1961]
1 of 9
Intention is satisfied for murder if D knew death or serious harm was highly probable
Hyam [1975]
2 of 9
Intent could be inferred where D foresaw the consequence as a natural consequence of his act
Moloney [1985]
3 of 9
The greater the probability of a consequence, the more likely it was that the consequence was foreseen and the greater the probability was that the consequence was also intended
Hancock and Shankland [1986]
4 of 9
Foresight on D’s part of a virtual certainty is evidence from which jury can infer intent
Nedrick [1986]
5 of 9
Jury not entitled to find the necessary intention unless it feels sure that death or serious bodily harm was a virtual certainty....and the D appreciated such was the case.
Woollin [1999]
6 of 9
Although there is very little difference between a rule of evidence and one of law, foresight of a virtual certainty is evidence from which the jury may find intention
Matthews and Alleyene [2003]
7 of 9
when prosecuting offences against the person the prosecution must prove that D intended or that he actually foresaw that his act would cause harm.
Spratt [1991] and Savage, DPP v Parmenter [1992]
8 of 9
the House of Lords overruled the Caldwell decision on recklessness in criminal damage, reintroducing a subjective test, as had been applied pre-Caldwell in cases such as Stephenson (1979).
R v G and another [2003]
9 of 9

Other cards in this set

Card 2

Front

Intention is satisfied for murder if D knew death or serious harm was highly probable

Back

Hyam [1975]

Card 3

Front

Intent could be inferred where D foresaw the consequence as a natural consequence of his act

Back

Preview of the front of card 3

Card 4

Front

The greater the probability of a consequence, the more likely it was that the consequence was foreseen and the greater the probability was that the consequence was also intended

Back

Preview of the front of card 4

Card 5

Front

Foresight on D’s part of a virtual certainty is evidence from which jury can infer intent

Back

Preview of the front of card 5
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