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Words: | Submitted: Tue Jun 20 2006
... competing and divergent views on this issue, with some focusing on the intention to establish the requisite mens rea, while others have looked at the issue of indifference or recklessness. The definition of intention at common law has been defined by the House of Lords in R v. Moloney (1985) and subsequently, in R v. Woollin (1998), where it was established intention can only be found where the defendant foresaw the consequences as a virtually certain result of conduct. In other words, a defendant cannot be found guilt of murder unless it can be proved that he acted with the intent to kill or to cause grievous bodily harm. In cases where a direction of intent is necessary, the jury should be instructed to uncover the extent to which the particular defendant foresaw causing death or grievous bodily harm and only where there was evidence that the defendant foresaw death or ...
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