Search results
Results From The WOW.Com Content Network
[citation needed] Without this specific intent, there is insufficient evidence that the accused is the clear danger as feared because, at any time before the commission of the full offence, the accused may change their mind and not continue. Hence, this specific intent must also be demonstrated on a subjective basis.
In medical cases the doctrine of double effect can be used as a defence. As was established by Judge Devlin in the 1957 trial of Dr John Bodkin Adams, causing death through the administration of lethal drugs to a patient, if the intention is solely to alleviate pain, is not considered murder even if death is a potential or even likely outcome.
Genocidal intent is the specific mental element, or mens rea, required to classify an act as genocide under international law, [1] particularly the 1948 Genocide Convention. [2] To establish genocide, perpetrators must be shown to have had the dolus specialis , or specific intent , to destroy a particular national, ethnic, racial, or religious ...
Case law has established that murder, wounding or causing grievous bodily harm with intent, theft, robbery, burglary with intent to steal, handling stolen goods, some forms of criminal damage, and any attempt to commit a crime of specific intent are themselves crimes of specific intent. [11] [12]
Equally important, finding or inferring specific intent does not require finding a single or sole intent,” the Amnesty report reads. While the probe focused on the period between Oct. 7, 2023 ...
[6] [7] Where the defendant is on trial for a crime of specific intent, his state of intoxication will be relevant to whether he formed the required intent. [4] If the defendant's intoxication is so significant as to prevent any sort of intent, this can lead to acquittal. A reduction in the strength of the formed intent is insufficient. [8]
If evidence exists, sufficient to create a reasonable doubt as to whether the defendant because of mental illness or "defect" possessed the capacity to premeditate, deliberate or form the specific intent to kill then the state cannot convict the defendant of first degree murder. [3] This does not mean that the defendant is entitled to an acquittal.
With specific intent, the character of the act is criminalised, for the act itself is often objectively innocent. Appropriation of an item is perfectly innocent, yet when one appropriates with the intent to permanently deprive the owner of it, there is a theft.