State of mind

Intention

Intention is not defined by statute and in certain circumstances its meaning may be unclear (often the issue arises in murder cases). There is a substantial body of judicial opinion on its meaning. Intention applies to:

1. •

   consequences which a defendant wants to follow from their actions, and

2. •

   consequences which a defendant might not want to follow from their actions but which they know are virtually certain to do so

Offences requiring specific intent are of two kinds:

1. •

   where the mental element of the offence requires a purposive intent rather than recklessness, eg murder requires an intent to kill or do grievous bodily harm

2. •

   where the offence is one of intent to do something beyond the act forming the offence (sometimes referred to as ‘ulterior intent’)

Where an offence may be committed intentionally