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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 ...
In the former, the picture is more complicated and unclear, although it is known that intoxication will not provide a defence where recklessness can be shown on the accepted facts. Crimes of specific intent include murder, and those of basic intent most crimes of recklessness, including manslaughter.
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),
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.
Judges normally do not define intention for juries, and the weight of authority is to give it its current meaning in everyday language as directed by the House of Lords in R v Moloney, [1] where can be found references to a number of definitions of intention using subjective and objective tests, and knowledge of consequences of actions or omissions.
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 ...
These crimes are usually grouped together in common law countries as a legacy of the Offences against the Person Act 1861. Although most sexual offences will also be offences against the person, [ 3 ] for various reasons (including sentencing and registration of offenders) sexual crimes are usually categorised separately.