Intention (England and Wales)

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In the criminal law of England and Wales, intention (~ 'intent') is one of the three classic forms of mens rea, alongside recklessness (~ 'gross negligence' / 'dolus eventualis') and negligence (~ 'negligence') .

Direct intent

The English criminal law describes a situation as direct intent in which the perpetrator wants to produce a certain consequence of his actions, regardless of whether it is objectively probable. According to the decision of the Court of Appeal in R v Pearman (1985), direct intent is also applicable to the mens rea des attempt according to s 1 of the Criminal Attempts Act 1981 required.

Oblique intent

Oblique intent exists under English law if the perpetrator did not intend the criminal success, but it will almost certainly occur. The distinction between oblique intent and direct intent is particularly important in murder : under English law, murder requires direct intent to kill the victim or to inflict grievous bodily harm on him.

Specific intent

English law differentiates between crimes with basic intent and specific intent. Which criminal offenses require specific intent can be highly controversial in individual cases. If such an offense, the offender can defend the fact that he drunk or otherwise intoxicated at the material time (intoxicated) was. Offenses for which a specific intent was previously required are, for example, murder , theft and grievous bodily harm .

Ulterior intent

If a criminal offense requires ulterior intent, another element of the mens rea must be proven that has no direct reference to the actus reus . An example of this is s. 18 of the Offences against the Persons Act 1961 : Grievous bodily harm is also present if the perpetrator inflicts a “grievous bodily harm” (“serious physical suffering”) with the intention (“intent”) to thwart the imprisonment of a person .

literature

  • Nicola Padfield: Criminal law . 7th edition. Oxford University Press, Oxford 2010, ISBN 978-0-19-958204-4 , 3. Criminal states of mind.
  • Christoph JM Safferling: intent and guilt: subjective elements of the perpetrator in German and English criminal law . Mohr Siebeck, Tübingen 2008, ISBN 978-3-16-149294-5 .