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Intent is defined in English law by the ruling in R v Mohan [1976] QB 1 as "the decision to bring about a prohibited consequence" (malum prohibitum). [1] [2] [3]A range of words represents shades of intent in criminal laws around the world.
Criminal Law Revision Committee of England and Wales, Offences Against the Person Cmnd 7844, 14th Report, (1980) The Law Commission of England and Wales, Codification of the Criminal Law, Law Commission Report No. 143, (1985) Norrie, A., Oblique Intent and Legal Politics, (1989) CLR 793. Pedain, A., Intention and the Terrorist Example, (2003 ...
R v Nedrick [1986] EWCA Crim 2 is an English criminal law case dealing with mens rea in murder. The case is a cornerstone as it sets down the "virtual certainty test". It applies wherever a form of indirect (oblique) intention is apparent and the charge is one of murder, or other very specific intent.
The general rule under common law and statutory law is that ignorance of the law or a mistake of law is no defense to criminal prosecution. However, in some cases, courts have held that if knowledge of a law, or if intent to break a law, is a material element of an offense, then a defendant may use good faith ignorance as a defense. [61]
In R v Matthews and Alleyne, [4] the Court of Appeal concluded that the Woollin test was an evidential rather than substantial rule of law: judges ought to instruct jurors that they may interpret what they would see as certain knowledge on the defendant's part of the virtually certain consequence of death as evidence of intention, but Woollin ...
The criminal law of the United States is a manifold system of laws and practices that connects crimes and consequences. In comparison, civil law addresses non-criminal disputes. The system varies considerably by jurisdiction, but conforms to the US Constitution . [ 1 ]
Case history; Prior: Cert. to the United States Court of Appeals for the Sixth Circuit Holding; Mere omission of any mention of intent from the criminal statute was not to be construed as the elimination of that element from the crimes denounced, and that where intent was an element of the crime charged, its existence was a question of fact to be determined by the jury.
There also exist alternative forms of aggravated assault in English law, for example: assault or battery with intent to resist arrest (as above, the arrest must be lawful); and assault on, resistance to, and obstruction of constables. [55] Under the Crime and Disorder Act 1998, it is also possible to commit a racially aggravated assault. This ...