Intention

Question 1

Yip Chiu-Cheung

Answer 1

• operative working for the US gov
• did he have enough of MR to smuggle drugs, despite wroking in best motives
• motive was irrelevant to the intention, defined intention to correlate to objective purpose
• co-conspirator

Question 2

Steane

Answer 2

-intention confined to motive
-propaganda boradcasts from Germany on behalf of the Nazi government
-Lord Goddard CJ - inetntion and if subject to power of the enemy - should be done as a result of free choice, controlled actions of the accused
-two direct inentions, but using back door method by considering his family as only intention.
Ashworth and Horder - moral elbow room.

Question 3

Dr Moor

Answer 3

• ease suffering of the terminant ill but fasten the death

- knowledge or foresight that will virtually certain - indirectly intended it

Question 4

Chandler v DPP

Answer 4

-break into the nuclear base to protest against nuclear weapons
Lord Radcliff - the prupose was really ther motive
-purpose was given narrow definition , intention excluding motive

Question 5

Hyam v DPP

Answer 5

foresaw highly probably that he will cause death or GBH
petrol through the letter box - 2 kids killed
-foresight was same as intention rather than evidence of intention
-degree of risk for a finding of intention was of a high probability
Lord Diplock
Only Lord Hailsham expressed concerns about equating these two, as it is more about compelling the jury to infer it rather than actually being it

Question 6

Moloney

Answer 6

• drunken argument which led to shoting his father
  -claimed that he did not intend and was not aiming
  direction:
  -1) where he desires it to happen, wether or not he forsees it 2) the other way around
  -low level of foresight is enough to equate it intention and not a matter of evidence
  Lord Bridge
  -to establish intention, the probability of that consequece which had to be forseen ust be little short from overwhelming or morally certain
  -foresight belongs to the law of evidence
  -example of building bomber, fair warning to the public , but disposal officer is killed in the process. Is it just probable, but not certain?
  -therefore, the foresight of moral certainty

Question 7

R v Hancock and Shankland

Answer 7

the block hit taxi and killed the driver

• the greater a consequence is foreseen, the greater probability that it was intended
• criticised the guidlined in moloney as misleading, and need more reference to probability.

Question 8

R v Nedrick

Answer 8

parafin - killed a chil
Nedrick Direction - foresigh of virtual certainty is oblique intent
obj parts: the death or serious harm be virtually certain
subj: D foreseen death or GBH be virtually certain

Question 9

Woollin

Answer 9

• threw son on hard surface
  -to find substituted with to infer
  -

1. R v Hyam ‘high degree of probability’
2. R v Moloney ‘natural consequences ‘ - foresight of a moral certainty
3. R v Hancock ‘greater degree of probability and foreseeability’
   the greater consequence is forseen, the greater probability it was intended
4. R v Nedrick ‘virtually certain consequences’
   Nedrick Direction: foresight of virtual certainty is oblique intention
5. R v Woollin CA ‘more than a slight risk of harm’
6. R v Woollin HL ‘virtually certain consequences’