Introduction
My argument is that the law of intention is clear, simple, and still fit for purpose. Intention is one of the categories falling under the mens rea of murder. The law uses intention as one of the main methods of classifying offences, such as deciding between murder or manslaughter. The presence or absence of intention is what the law is interested in, not the motive behind the actions in question. The definition of Intention and how it can be found in the courts has continually been refined over the years in order to stay relevant to our progressing society and remain fit for purpose.
Definition
The law recognizes two types of intention: Direct intention and Indirect intention, also known as Oblique intention. Direct and indirect intention definitions offer simplification on what intention entails and how the courts can distinguish it from recklessness or negligence. Direct intention is the easiest type to identify as it is what D desires to do. For example, the defendant kills the victim in order to get revenge. The …show more content…
The two main defenses against intention are that of necessity and duress. Without the clarity of what intent could be considered as, defenses against it could not have been formed.
• In R v Adams (1957) the defense of necessity was used when a doctor was charged with easing the passing of an elderly patient by giving drugs that would hasten their death. Devlin J held that a doctor is entitled to do all that is proper and essential to relieve the pain of a patient. This ruling was followed in Gillick v West Norfolk Area Health Authority (1985).
• In R v Steane (1957) the defense of duress was used when the defendant was accused of being a terrorist after broadcasting propaganda for the Germans, he claimed he had only done so to save himself and family from being sent to the concentration camps.
My argument is that the law of intention is clear, simple, and still fit for purpose. Intention is one of the categories falling under the mens rea of murder. The law uses intention as one of the main methods of classifying offences, such as deciding between murder or manslaughter. The presence or absence of intention is what the law is interested in, not the motive behind the actions in question. The definition of Intention and how it can be found in the courts has continually been refined over the years in order to stay relevant to our progressing society and remain fit for purpose.
Definition
The law recognizes two types of intention: Direct intention and Indirect intention, also known as Oblique intention. Direct and indirect intention definitions offer simplification on what intention entails and how the courts can distinguish it from recklessness or negligence. Direct intention is the easiest type to identify as it is what D desires to do. For example, the defendant kills the victim in order to get revenge. The …show more content…
The two main defenses against intention are that of necessity and duress. Without the clarity of what intent could be considered as, defenses against it could not have been formed.
• In R v Adams (1957) the defense of necessity was used when a doctor was charged with easing the passing of an elderly patient by giving drugs that would hasten their death. Devlin J held that a doctor is entitled to do all that is proper and essential to relieve the pain of a patient. This ruling was followed in Gillick v West Norfolk Area Health Authority (1985).
• In R v Steane (1957) the defense of duress was used when the defendant was accused of being a terrorist after broadcasting propaganda for the Germans, he claimed he had only done so to save himself and family from being sent to the concentration camps.