‘Felonious Intent’
| DOI | 10.1177/0032258X4601900210 |
| Published date | 01 April 1946 |
| Date | 01 April 1946 |
| Subject Matter | Article |
'Felonious Intent'
By A CHIEF CONSTABLE
"
THERE
does
not
appear to have been any felonious intent
....
"
These, or similar words, will be found every day in police
reports.
In
many cases it seems doubtful whether their author really
understands the full meaning of that adjective' felonious,' or if he does,
and it is quite a simple matter, whether he has bothered to consider
whether he has chosen the best word or words. Frequently apoliceman
sums up a case mentally, and, almost by instinct, realises that the
necessary mental element in the crime is lacking; that is sufficient for
him and the words follow automatically, "
...
no felonious intent."
The
most common use of these words is in connection with
larceny cases,
and.
there the pedant can generally have little cause
for complaint. However, if the subject of the theft was a dog or a
growing shrub, most policemen would, on consideration, at once
see that the wrong adjective had probably been used.
It
is not uncommon, even, to read of ' felonious intent ' in con-
nection with the misdemeanour of false pretences.
This
may be a
relic of the days when all '
reportable'
crimes had to become the
subject of a ' felony report.' A similar confusing use of a legal word
was that of '
robbery';
most thefts, or at any rate breakings, were
generally referred to as
'robberies.'
This
misuse of legal terms is
definitely misleading and may well undo much of the useful work
which is done in recruit and other police training schools.
It
may be profitable to consider when and how the words
, felonious intent ' may be used, what they mean, and, if they appear
to be unsuitable, what other words may take their place.
There
are two main distinct types of occasion upon which this
phrase may be used: one where a material
part
of the crime, as defined,
is the doing of an act with intent to commit afelony; the other, when
reference is made to the ordinary considerations of criminal intent
or mens retPin crimes which themselves constitute felony.
In
the first class, there are a number of crimes in the statutory
definition of which this particular form of intent is demanded.
The
most common of these are breaking offences, viz., burglary (sec. 25),
housebreaking (sec. 27
but
not sec. 26),
but
not sacrilege (sec. 24).
In
these cases it must be proved, circumstantially or otherwise,
that
the person who broke or entered intended to commit a felony, e.g.,
theft or some personal assault amounting to felony.
When
talking
in general terms about the necessary elements to constitute these
I38
To continue reading
Request your trial