Topic

‘The meaning of intention in the criminal law’

Author/Academic

Alan Norrie

Viewpoint

Examines the meaning of the word intention and whether the test in Woollin reflected a ‘moral threshold’ so that even though D could foresee a result as virtually certain, it could not be conceived as a result that he intended.

Source

‘After Woollin’ [1999] Crim LR 532

Topic

‘Between orthodox subjectivism and moral contextualism: intention and the consultation paper’

Author/Academic

Alan Norrie

Viewpoint

Examines the moral wrongness of murder, the justification for the definition of the crime (and the sentence), and the reliance on the concept of intention. Considers the relationship between offences (intention) and some defences (necessity) and the doctrine of double effect. The article should be read in light of the Law Commission’s Report, Murder, Manslaughter and Infanticide (Law Com No 304, 2006).

Source

[2006] Crim LR 486

Topic

‘Transferred malice and the remoteness of unexpected outcomes from intention’

Author/Academic

Jeremy Horder

Viewpoint

Examines the scope of the doctrine of transferred malice and provides a useful summary of Attorney-General’s Reference (No 3 of 1994). Argues for a test of remoteness as a matter of fact, and analyses the relationship between transferred malice and causation.

Source

[2006] Crim LR 383