intention

Question 1

direct intent

Answer 1

desired consequence - an aim and desire with absolute certainty (100%)

Question 2

oblique intent

Answer 2

undesired consequence - no aim and desire with a virtual certainty (90%), less than 90 would be manslaughter

Question 3

Smith

Answer 3

PC asked him to stop, drove away with the stolen goods, killing the officer
LoF - before the act
F = I - before the act
HOL set the test for oblique intent - ordinary reasonable man so guilty as the ORM would have foreseen death or serious injury

Question 4

The criminal justice act 1967 - S.8

Answer 4

set the test for oblique 
foresight does not equal intent 
1 - defendant intended or foresaw the end result subjectively
2 - natural and probable consequence 
3 - the jury may infer intent

Question 5

Hyam

Answer 5

blazing newspaper through the letterbox to scare but killed two children
LoF - highly likely consequence
F = I (ignored the act)
3 : 2 split Viscount Dilhorne - F = I , Lord Halisham F is not I

Question 6

Moloney

Answer 6

gun competition, son shot stepfather through the head
LoF - natural consequence
F is not I
Trial judge - no test is needed, oblique isn’t necessary as it was either direct or manslaughter

Question 7

Hancock and Shankland

Answer 7

minor strike, threw block of concrete killing a taxi driver
LoF - natural and probable followed the act
F is not I
Lord Scarman - critised Moloney and followed the act completely

Question 8

Nedrick

Answer 8

neighbour grudge, paraffin through letterbox killing a 12 year old COA so not binding
LoF - virtual certainty
F is not I followed in walker and Hayles

Question 9

Woolin

Answer 9

through 3 month year old baby against a wall, fractured skull and died
LoF - virtual certainty
unclear whether F = I
TJ - jury could convict if they foresaw a substantial risk
Lord Steyn - changed infer to find - removes jury flexibility
overall majority - agreed with the verdict but only 2 signed

Question 10

Does foresight equal intent?

Answer 10

professional J C Smith - agreed that Steyn said F = I

Re A - confirmed F = I

Question 11

Matthews and Alleyne

Answer 11

dangled off the bridge and he couldn’t swim - he died
LoF - virtual certainty
F is not I - same judges saying different things

Question 12

Wright

Answer 12

prison death - suicide or murder?
prosecution held that D had killed V
defense held that V had committed suicide
TJ didn’t use Nedrick
COA no misdirection as it was either direct / oblique