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The crime of battery, for example, only requires the basic intent that the actor knew or should have known that his action would lead to harmful contact with the victim. A limited number of offences are defined to require a further element in addition to basic intent, and this additional element is termed specific intent. There are two classes ...
Manslaughter, rape, sexual assault, maliciously wounding or inflicting grievous bodily harm, kidnapping and false imprisonment, assault occasioning actual bodily harm and common assault have all been judged crimes of basic intent. Attempting a crime of basic intent may be a crime of basic intent, but this is unclear. [11] [15]
A specific intent crime requires the doing of an act coupled with specific intent or objective. Specific intent cannot be inferred from the act. The major specific intent crimes are: conspiracy (intent to have crime completed), attempt (intent to complete a crime – whether specific or not, but falling short in completing the crime),
Lord Bridge held there was no rule that foresight of probable consequences was equivalent to, or alternative to, the necessary intention for a crime of specific intent. ( Moloney established that a person can have intention, where they did not want the result but merely foresaw it.) rather, the question of foresight of consequences was a part ...
The court in Heard considered a specific intent one which fitted either possible definition. [5] However, murder is again an exception: it can be committed not by intent but by virtual certainty. [6] Lord Elwyn-Jones also expressed that if a crime could be committed recklessly, it was one of basic intent.
An alternative model is that specific intent is when the mens rea goes beyond the actus reus, i.e. the defendant contemplates consequences beyond their physical actions. [7] In the instant case, it was held that assault occasioning ABH is a crime of basic intent.
Self-induced automatism can always be a defence to crimes of specific intent (such as murder, wounding or causing grievous bodily harm with intent, theft, robbery and burglary). But automatism is no defence to other crimes (i.e. of basic intent , e.g. manslaughter , assault and battery ) if the defendant was reckless in becoming automatismic or ...
Wounding or wounding with intent; Poisoning [1] Assault occasioning actual bodily harm (and derivative offences) Inflicting grievous bodily harm or causing grievous bodily harm with intent (and derivative offences) [2] These crimes are usually grouped together in common law countries as a legacy of the Offences against the Person Act 1861.