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Irish Cases that Discuss the Meaning of Intention Essay

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Irish Cases that Discuss the Meaning of Intention There are only two reported Irish cases which discuss the meaning of intention, one in the context of attempted murder,and the other in the context of capital murder. These cases rely on the relevant English authority pertaining to the definition of 'intention', and so it is proposed to deal mainly with the latter cases here. Both the Irish and English cases are set out below in chronological sequence.

Following DPP v Smith, the next major case in this area of the law to …show more content…

Accordingly, as this state of mind was held to be a species of malice aforethought, it was not strictly necessary to decide whether the accused actually intended to kill or cause grievous bodily harm. Nevertheless, various views were expressed as to whether foresight of probable consequences would amount to intention in the strict sense.

Lord Hailsham adopted the definition of intention laid down by Asquith L.J. in the civil case of Cunliffe v Goodman:

"An 'intention', to my mind, connotes a state of affairs which the party 'intending'...does more than merely contemplate. It connotes a state of affairs which, on the contrary, he decides, so far as in him lies, to bring about, and which, in point of possibility, he has a reasonable prospect of being able to bring about by his own act of volition."

Lord Hailsham also indicated that foresight of probable consequences was not the same as intention. Although foresight of probable consequences (or degrees of likelihood) was an essential factor that should be placed before the jury in determining whether the consequences were intended, the two concepts were distinct.

Although Viscount Dilhorne did not find it necessary to decide whether knowledge of a high probability constituted the necessary intention, he inclined towards the view that such knowledge did constitute the necessary intention.

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