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Words: | Submitted: Fri Jan 28 2005
... is up to the jury to decide whether the accused has the necessary intent to cause the crime. As regards the scenario, it could be argued, that Andy has a 'direct intention' to hit Bill as he 'deliberately kicks the ball in the direction of Bill'. There has been much debate within the courts as to what constitutes the requisite degree of intention. This has ranged from a consequence being 'highly probable' as in Hyam2, , 'a natural consequence of the defendant's act' in Moloney3 to 'virtually certain' in Nedrick4 and finally 'substantial risk', in the most recent case, Woollin5. Woollin is the most up-to-date case on the law of intention and so when deciding if Andy is guilty of intending to cause harm Woollin needs to be taken into account. When considering Andy's liability, as regards intention (to do harm) it is necessary to establish precisely what Andy intended. For example, ...
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