Chapter 3 Key debates

Topic

Author/Academic

Viewpoint

Source


‘The meaning of intention in the criminal law’

Alan Norrie

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.


‘After Woollin’ [1999] Crim LR 532

 


‘Between orthodox subjectivism and moral contextualism: intention


and the consultation paper’

 Alan Norrie

 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).

 [2006] Crim LR 486

 ‘Transferred malice and the remoteness of unexpected outcomes


from intention’

 Jeremy Horder

 


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.

 [2006] Crim LR 383

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