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The crime of battery, for example, only requires the basic intent that the actor knew or should have known that his action would lead to harmful contact with the victim. A limited number of offences are defined to require a further element in addition to basic intent, and this additional element is termed specific intent. There are two classes ...
Judges normally do not define intention for juries, and the weight of authority is to give it its current meaning in everyday language as directed by the House of Lords in R v Moloney, [1] where can be found references to a number of definitions of intention using subjective and objective tests, and knowledge of consequences of actions or omissions.
A specific intent crime requires the doing of an act coupled with specific intent or objective. Specific intent cannot be inferred from the act. The major specific intent crimes are: conspiracy (intent to have crime completed), attempt (intent to complete a crime – whether specific or not, but falling short in completing the crime ...
There is no definite authority or fixed rule on what constitutes a specific intent offence. It is established that murder is [3] but manslaughter is not; [4] there are also specific intent elements in wounding with intent. [5] As a general rule, it can be said that, where recklessness will suffice as mens rea, the crime is one of basic intent. [6]
Mens rea refers to the crime's mental elements of the defendant's intent. This is a necessary element—that is, the criminal act must be voluntary or purposeful. Mens rea is the mental intention (mental fault), or the defendant's state of mind at the time of the offense, sometimes called the guilty mind. It stems from the ancient maxim of ...
In dealing with this issue and balancing theoretical problems with public policy issues, the English law has categorised offences into two categories, those of basic intent and those of specific intent. In the latter, the defendant's intoxication will be directly relevant in forming the necessary intent.
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In form (3), intent can be simply decided in the case of a direct attack, or "virtual certainty", with knowledge of the virtual certainty – the Woollin [c 23] principle. [ 51 ] [ 52 ] In form (1), where an injury does not amount to grievous bodily harm, intent to cause grievous bodily harm (in the advancement of a different cause) must be shown.