As we further unfold our 'Crunching Concepts' series, today's spotlight will illuminate the principle of ‘Intention’ in the domain of criminal law. This essential area plays a pivotal role in defining the severity of crimes and the subsequent punishments. We aim to elucidate understanding around the concept of intention, helping you navigate its significance in your legal research.
What is Intention?
Within the sphere of criminal law, 'intention' pertains to the mental element necessary to establish criminal culpability. This subjective state of mind reflects a conscious decision by the defendant to cause certain outcomes. To establish this, the prosecution must prove that the defendant not only foresaw but also desired the resulting consequences of their actions.
Why is Intention Important?
The concept of intention holds substantial value for a multitude of reasons:
1. It underlines the importance of mental state, or mens rea, in determining criminal liability. This helps differentiate between unintentional and deliberate criminal acts.
2. Intention is considered the most severe form of mens rea, warranting harsher punishments for those discovered to have knowingly committed criminal acts.
3. Establishing intention allows the criminal justice system to uphold fairness by ensuring individuals are not excessively punished for unintended offences.
Case Spotlight: Intention in Context
Two notable cases that emphasise the role and interpretation of ‘intention’ are:
• R v Mohan  QB 1: This case defined intention as 'a decision to bring about, in so far as it lies within the accused's power, the commission of the offence which it is alleged the accused attempted to commit, no matter whether the accused desired that consequence of his act or not.'
• R v Woolin  1 AC 82, HL: The ruling of this case said that if the outcome of an action was virtually certain and the accused appreciated that fact, then intention could potentially be established.
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