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In other situations (especially regarding specific intent crimes that have "with intent to" in their definition), intent may be considered to refer to purpose only. Arguably, [ weasel words ] the most influential legal definitions of purpose and knowledge come from the Model Penal Code's definitions of mens rea .
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 ...
The Court decided in a 7–2 decision that the federal carjacking law does apply to carjacking crimes committed by defendants with the "conditional intent" of harming drivers who resist the hijacker. The requirement of intent is satisfied if the government proves that at the moment the crime is committed, the defendant possessed the intent to ...
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.
In most common law jurisdictions, an element of a crime is one of a set of facts that must all be proven to convict a defendant of a crime. Before a court finds a defendant guilty of a criminal offense, the prosecution must present evidence that, even when opposed by any evidence the defense may choose, is credible and sufficient to prove beyond a reasonable doubt that the defendant committed ...
R v George, 1960 S.C.R. 871 is a leading Supreme Court of Canada on different degrees of mens rea. The accused was acquitted for a specific intent offence of robbery as he was too intoxicated at the time. However, he was convicted of the general intent offence of assault.
Case law has established that murder, wounding or causing grievous bodily harm with intent, theft, robbery, burglary with intent to steal, handling stolen goods, some forms of criminal damage, and any attempt to commit a crime of specific intent are themselves crimes of specific intent. [11] [12]