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Words: | Submitted: Tue Jun 20 2006
... intention was explained as being, ' a decision to bring about, in so far as it lies in the accused's power (a particular consequence) no matter whether the accused desired that consequence or not'. The motive behind such intention is not intention itself but is used as evidence in proving that intention exists. S.8 CJA2 requires that all mental elements be proven by reference to all evidence. So direct intention implies that the accused's reason for acting was to bring about that consequence and this can be seen as the clearest possible case of intentional action, as the accused will be acting for the purpose of that consequence, hence holding the highest degree of blameworthiness. Direct intent has to be proven for cases such as murder and GBH with intent Oblique intention Otherwise known as foresight of consequences, is a rather delicate subject for discussion. The difficulty in its explanation rises ...
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