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In criminal law, intent is a subjective state of mind that must accompany the acts of certain crimes to constitute a violation. A more formal, generally synonymous legal term is scienter : intent or knowledge of wrongdoing.
Parliament reacted with s 8 of the Criminal Justice Act 1967 to restore the position originally at common law. In Frankland v The Queen, [3] Lord Ackner held DPP v Smith to be incorrect insofar as it required objective foresight in determining intention of murder, saying that the common law reflected s 8 of the 1967 Act.
The common purpose doctrine was established in English law, and later adopted in other common-law jurisdictions including Scotland, Ireland, Australia, [2] Trinidad and Tobago, the Solomon Islands, Texas, the International Criminal Court, and the International Criminal Tribunal for the former Yugoslavia. Common design also applies in the law of ...
Intention or intent is a key aspect in criminal law. It refers to the state of mind of the perpetrator, specifically to their plan to commit a crime. [88] As such, it belongs to the mental element of the crime, known as mens rea, and not to the physical element, actus reus.
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.
The law technically distinguishes between motive and intent. "Intent" in criminal law is synonymous with mens rea ('guilty mind'), which means the mental state shows liability which is enforced by law as an element of a crime. [3] "Motive" describes instead the reasons in the accused's background and station in life that are supposed to have ...
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 offence of conspiracy to murder was created in statutory law by section 4 of the Offences Against the Person Act 1861 and retained as an offence by virtue of section 1(1) of the Criminal Law Act 1977. Mens rea: Although an intention to cause grievous bodily harm is sufficient for murder, it is not sufficient for conspiracy to murder. [1]