Oblique Intention in UK Law
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The Definition of Oblique Intention
The Law Commission contended that a person should not be held as having oblique intention with respect to a result if his whole purpose in acting is to avoid this result. This article asserts that ...
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Murderous intent—The attitude of a murderer?
There is a controversy in the definition of murder in England and Wales. This relates to ‘intention’ in the mental element, which can include the defendant’s foresight of death or grievous bodily h...... ... This relates to ‘intention’ in the mental eleme nt, which can include the defendant’s foresight ... This ‘oblique’ intent is criticised as morally under-inclusive. In this article, it is ... ...
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Index to Volume 68: Parts 1, 2
... ... 1848 and 33 Defence of provocation 96, 105 *Definition, of oblique intention 79 *Draft Criminal Code for Scotland 50 *Fighting corruption ... ...
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Prosecuting Complicity
In this paper I try to outline the implications of the decision in R v Jogee for practice. I try to explain what the substantive law now requires and how that should be implemented in practice. I a...... ... Intention is intentionwhether it depends on a condition or not. Finally,it will be ... different act maxim of evidence, deadly weapon maxim of evidence, oblique intention, direct intention Corresponding author: Dennis J. Baker, ... ...
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Index to Volume 67: Parts 1, 2, 3, 4, 5 and 6
... ... 304 Direction to jury in murder case 17 Direction to jury on oblique intention in murder case 292 Disclosure of defence statements to co- ... ...
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Codifying the Meaning of ‘Intention’ in the Criminal Law
... ... However, the jurisprudence of the English and Irish superior courts pertaining to the meaning of intention, and in particular indirect or oblique intention, has generally been regarded as unsatisfactory with the result that trial judges have insufficient guidelines when instructing juries.2 ... ...
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The Law Commission's Proposed Restructuring of Homicide
This article overviews the Law Commission's proposed reforms of homicide with a critical but constructive eye. First and foremost, the article supports the proposed restructuring, recommending only...... ... As one might expect, intention and partial defences tend to steal the limelight, but complicity in ... there are certain common issues between the mental ele- ments of oblique intention, reckless indifference and gross negligence which ought to be ... ...
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Gross Negligence Manslaughter: Compatibility with European Convention on Human Rights, Article 7
... ... One might also add that the de fi nition of oblique intention is, on one view, lacking in substance — the line of cases from ... ...
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Joint Enterprise
All forms of secondary liability require justification as an exception to the rule that one should not be held criminally liable for the actions of another. Such a justification is particularly dif...... ... , as identified in R v Gnango : 2 (i) D1 and D2 have a common intention to commit crime A (ii) D1, as an incident of committing crime A, commits ... with the level of objective recklessness required to constitute an oblique intention. Both are methods of attributing responsibility for an outcome ... ...
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Intention in the Criminal Law—A Rejoinder
... ... ) Duffs conception of direct intention, a very different set of arguments revolve around the role of (direct, and sometimes, oblique) intention in addressing such ‘practical, moral and political issues’ as whether a defendant should be convicted of a ... ...
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