Intently - Definitions

Definitions

Intention is defined in R. v Mohan as "the decision to bring about a prohibited consequence."

A range of words represents shades of intention in criminal laws around the world. The mental element, or mens rea, of murder, for example, is traditionally expressed as malice aforethought, and the interpretations of malice, "maliciously" and "wilfully" vary between pure intention and recklessness depending on the jurisdiction in which the crime was committed and the seriousness of the offence.

A person intends a consequence they foresee that it will happen if the given series of acts or omissions continue, and desires it to happen. The most serious level of culpability, justifying the most serious levels of punishment, is achieved when both these components are actually present in the accused's mind (a "subjective" test). A person who plans and executes a crime is considered, rightly or wrongly, a more serious danger to the public than one who acts spontaneously (perhaps because they are less likely to get caught), whether out of the sudden opportunity to steal, or out of anger to injure another. But intention can also come from the common law viewpoint as well.

Black's Law Dictionary and People v. Moore state the definition of Criminal Intent as "The intent to commit a crime: malice, as evidenced by a criminal act; an intent to deprive or defraud the true owner of his property."

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