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Words: | Submitted: Fri Jan 28 2005
... prudent person would've realized the risk and subjective recklessness, where the D realizes the risk but decides to take it anyway. For example, a D who knows that their victim has not consented to intercourse or is reckless as to whether they consented and decides to have sex with her, will be guilty of rape. Intention therefore shows that our actions have meaning. It also suggests a level of fault. It is because of intention and the D's state of mind that more serious crimes are distinguished from less serious crimes (e.g. rape compared to assault). Intention also means "aim", "desire", "purpose" or "reason".1 "We intend whatever we mean to do. We do not intend what we do not mean to do" (William Wilson). The case of Mohan [1975]2 defined intention as "a decision to bring about, insofar as it lies within the accused's power... (the relevant consequence) no matter ...
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