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 oblique intent is criticised as morallyunder-inclusive. In this article, it is ... That attitude is contrasted with thedictionary definition of intention in which death or GBH can be used in pursuit of, or is, thedefendants ... ...
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Index to Volume 68: Parts 1, 2
... ... FelonyAct 1848 and 33Defence of provocation 96, 105*Denition, of oblique intention 79*Draft Criminal Code for Scotland 50*Fighting corruption and ... ...
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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 conditionor not. Finally,it will be ... different act maxim of evidence, deadly weaponmaxim of evidence, oblique intention, direct intentionCorresponding author:Dennis J. Baker, ... ...
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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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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 ... ...
- A Comment on ‘Consent’
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Doctrinal Rationality after Woolin
... ... 1 At last, it seems, the meaning of intention in the criminal law is cogent and stable and the mens rea for murder is as ... 14 See A. Norrie ‘Oblique Intention and Legal Politics’ [1989] Crim LR 793 800–7. The Modern Law ... ...
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RECKLESSNESS, NEGLIGENCE, INDIFFERENCE, AND AWARENESS
... ... recklessness as a mode of culpability distinct from intention. In the background are two larger questions: (1) what is the ... be a “ direct ” intention and not merely an “ oblique ” intention. “ Direct ” intention is “ intending ... ...
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A Clear Concept of Intention: Elusive or Illusory?
... ... Nedrick failed to take up a clear stance, judicial analysis veering between implicit inclusions and exclusions of ‘oblique intent’ as species of 33 In Moloney, the defendant, who was charged with murder, had shot his stepfather at close range during ... ...
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