Direct Intention Vs Oblique Intention Essay

1933 words - 8 pages

To be criminally liable of any crime in the UK, a jury has to prove beyond reasonable doubt, that the defendant committed the Actus Reus and the Mens Rea. The Actus Reus is the physical element of the crime; it is Latin for ‘guilty act’. The defendant’s act must be voluntary, for criminal liability to be proven. The Mens Rea is Latin for guilty mind; it is the most difficult to prove of the two. To be pronounced guilty of a crime, the Mens Rea requires that the defendant planned, his or her actions before enacting them. There are two types of Mens Rea; direct intention and oblique intention. Direct intention ‘corresponds with everyday definition of intention, and applies where the accused actually wants the result that occurs, and sets out to achieve it’ (Elliot & Quinn, 2010: 59). Oblique intention is when the ‘accused did not desire a particular result but in acting he or she did realise that it might occur’ (Elliot & Quinn, 2010: 60). I will illustrate, by using relevant case law, the difference between direct intention and oblique intention.
Oblique intention requires foresight of the consequences, finding oblique intent is difficult; as a result, there have been a number of cases, which have helped in clarifying the law of intention.
In the case of R v Maloney (1985), the defendant and the Victim (stepfather of the defendant), were drunk when they decided to have a contest of who can load and fire a gun more quickly. The defendant shot the victim without aiming as the victim taunted the defendant to fire the gun. Lord Bridge held ‘Foresight of consequences as an element bearing on the issue of intention in murder... belongs, not to the substantive law but the law of evidence’ (Molan, 2001: 95), oblique intent here is held that intention includes knowledge or foresight. The jury were told they were entitled infer intention. Applying the law to the fact, Jury held that the defendant did not foresee the consequence, so there was no direct intent or oblique intent, making the defendant not guilty of murder. However, it can be argued that if the defendant was using guns, whilst he was drunk, then the defendant must have foreseen the natural consequences of his act, taking in account that when the defendant rang the police he claimed to have just murdered his father. If he had mens rea of direct intent to kill his stepfather, he would have been made guilty of murder.
In the case of R v Hancock & Shankland (1986), the defendant has pushed concrete blocks over the bridge and into the road below them, as part of a minor protest. The concrete block fell and hit the victim’s car, killing him. Lord Scarman held ‘The issue of probability regarding death or serious injury is critical to determining intention’ (Fionda & Bryant, 2000: 5) Scarman said the R v Maloney (1985) guidelines were ‘unsafe’ and ‘misleading’ (sixthformlaw, no date, para. 9), therefore they required a reference to probability. R v Hancock & Shankland (1986) case held that the...

Find Another Essay On Direct Intention vs Oblique Intention

Understanding Tourist Motivation, Attitude and Intention to Visit

1639 words - 7 pages between attitude and behavior intention (e.g., Lam & Hsu, 2006; Sparks, 2007). Bagozzi and Yi (1989) argued that the mediating role of intention between attitude and behavior was contingent upon the degree of intention formation. They found that intention completely mediated the effect of attitude on behavior when it was well formed, while the mediating role of intention was reduced and attitude had a direct effect on behavior when intention was

The death of Gloria Essay

2584 words - 10 pages murder to be committed on the spur of the moment.The test of what the defendant foresaw and intended is always a subjective one, based on what the jury believes the defendant actually foresaw and intended, and not what he should have foreseen or intended, or what anyone else might have foreseen or intended in the same situation. Direct intent applies where the accused actually wanted the result that occurs and sets out to achieve it. Oblique

Sherwood Anderson’s Expression of Sexuality and Loneliness

1636 words - 7 pages ). Throughout the story, Anderson is persistent in his refusal to depict location and setting surrounding his characters. To his characters everything is mundane, and “the implication is that for these people, one day is much like another” (Bily). Individuals do not notice details in their surroundings, just as Anderson wants the reader to ignore them. Many critics also believe that Anderson presents direct biographical connections in this story

Tort Law Basics

832 words - 3 pages . What are the 3 elements of tort?i)Wrongful conduct of the defendant must be evident. This is where the defendant has intentionally or negligently committed a tort.ii)Causation is also a crucial element of tort. There must be a direct connection between the wrongful act committed and the harm suffered by the victim.iii)Harm to the plaintiff must be actual harm to a legally recognized interest. The victim must be able to prove they have suffered

The Church and Euthanasia

542 words - 2 pages direct euthanasia is deliberately taking the steps to end the life of a suffering and incurably ill person. In this category there are involuntary euthanasia, meaning the patient cannot decide for themselves, and voluntary euthanasia. Active euthanasia is the direct and intentional taking of life. Passive or indirect euthanasia is deliberately not taking the steps to prevent an ill person's death, with the intention that this action of withholding

Laws Regarding the Estate of Those Deceased

2139 words - 9 pages the Law of Property Act 1925 S60 (3) in voluntary conveyance a resulting trust for the grantors shall not be implied merely by reason that the property is not expressed to be conveyed for the used or benefit of the grantee. There is no longer an automatic presumption of resulting trust upon a voluntary conveyance simply because it has not been excluded; however there was a clear intention in Hodgson v Marks[1], here the

Introduction to Contract Law - Assessment 2 Essay

1474 words - 6 pages The purpose of this essay is to determine if there was an enforceable contract between Sarah and Barry, and whether Sarah breached the said contract. In formulating a contract one must consider four main elements: offer, acceptance, intention and consideration. These four elements will be covered in detail to be able to advise Sarah on the strength of her legal position. While working from home is advantageous to many, it also brings with it

Employee’s Intention to stay and Intention to quit – An empirical study

2833 words - 12 pages Introduction: The success or failure of any organization is primarily depends on its employees. All the HR managers are always having the concern about the employee’s intention towards the organization. Because if suppose the employees are having intention to quit their jobs will be a costly one to the companies which will lead to the cost of recruitment and selection, cost involved in training and development, more than the loss of

Index of Economic Freedom

798 words - 3 pages The steady stream of current world events provides us with the signs to be read if we only take the time and the intention to pay attention to those lessons. The economic view provides a robust language for understanding the basic physical reality of scarcity, and the varied human beliefs and responses we take as we attempt to deal with that scarcity. As Smith and Ricardo teach us, the subtle and important understanding lies in the space between

Child Pornography

2126 words - 9 pages one, which is ultimately the decision taken by the Supreme Court in US vs. Knox, is the most ethical and stands as the right decision. Child Pornography is a very serious manner that can have detrimental effects upon the children of today and upon the integrity of our societal values and morals. This is why the US Constitution extends the law as much as possible to protect all children from this terror that unfortunately exists in our world. The Decision in United States v. Knox was just another measure to ensure full protection for all children from those who have the intention of being inductors of Child Pornography.

Barthes' argument in The Death of the Author

2177 words - 9 pages Barthes is direct, the subordination of the human subject. The remainder of Derrida’s work in Of Grammatology is indicative of the infinite regress of language in the process of signification. The signified may be infinitely deferred, as it were. “Writing is the destruction of every voice, of every point of origin. Writing is that neutral, composite, oblique space where our subject slips away, the negative where all identity is lost, starting

Similar Essays

Criminal Law Essay

1982 words - 8 pages of figuring out the legal meaning of intention, this concept can be divided into 'direct intention' and 'oblique (or indirect) intention'. The definition referred to is that stated in clause 18 (b) of the Draft Code: "A person acts 'intentionally' with respect to… a result when he acts either in order to bring it about or being aware that it will occur in the ordinary course of events." Additionally, the Law Commission has also proposed

Scenario Essay

1073 words - 5 pages was defined in Cunningham [1982] as intention to kill (express malice) or cause GBH (implied malice).’ There is nothing to show that Mira had a direct intention to kill Gary so she does not qualify for the mens rea element for murder under the express malice mental state. She does obliquely have another purpose other than to cause harm GBH so does not have an oblique intention state of mind, however she qualifies for the mens rea for murder by

Criminal Law Case Study

1892 words - 8 pages bodily harm or intended to kill, as directed in R v Moloney [1985] AC 905 and confirmed in R v Hancock [1985] UKHL 9. Murder is a crime of specific intent. Intention in this context includes intent that is oblique or direct. Where the defendant desired the death, it is regarded as direct intention. Oblique intent covers the situation where the defendant foresees death as virtually certain, although not desired for its own sake. R v Woollin [1999

Irish Cases That Discuss The Meaning Of Intention

2319 words - 9 pages consequences was equivalent to, or alternative to, the necessary intention for a crime of specific intent. Rather, the question of foresight of consequences as an issue having a bearing on the concept of intention belongs not to the substantive law on the crime of murder, but to the law of evidence. In the rare case where it may be necessary to direct a jury by reference to foresight of consequences, two questions arise