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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 ...
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 ...
In 1978, the Law Commission of England and Wales published a Report on the Mental Element in Crime and proposed a revised definition of intention (to apply to all intention-based offences): a person should be regarded as intending a particular result of his conduct if, but only if, either he actually intends that result or he has no substantial ...
Absent a specific law, an inchoate offense requires that the defendant have the specific intent to commit the underlying crime. For example, for a defendant to be guilty of the inchoate crime of solicitation of murder, he or she must have intended for a person to die. [citation needed] Attempt, [3] conspiracy, [4] and solicitation [5] all ...
Motives are also used in other aspects of a specific case, for instance, when police are initially investigating. [2] 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 ...
The common law gives intention "its normal meaning: purpose or aim", with judges advised not to, in the majority of cases, attempt to complicate the definition. [8] Conditional intent – where somebody has an intent to commit a crime only in certain circumstances – has also been deemed acceptable for an indictment for attempting a crime. [9]
A general intent attending the commission of an act is, in some cases, the only intent required to constitute the crime while, in others, there must be, in addition to that general intent, a specific intent attending the purpose for the commission of the act. [1]
There is no authority that suggests that "intend" or "recklessly" ought to mean something from their normal meanings. Cunningham recklessness – that the defendant himself foresaw the risk of harm – is applied. [19] [21] Assault is a crime of "basic intent" for the purposes of the Majewski test concerning voluntary intoxication. [21]