‘Although the concept of ‘intention’ appears straightforward, the courts have struggled to define precisely what is meant by the term.’ Assess the difficulties associated with the definition of ‘intent’.

Firstly, it has been said that if the standard dictionary definition of intent was adopted then a number of defendants would no doubt be excluded from criminal liability even though they are felt to be culpable by the judiciary. Furthermore, many senior judges doubt the ability of juries to understand complex evidence and feel that they would not be able to discern falsehood in some cases. These issues have led to the extension of the definition of intent; now a defendant must have either direct intent, where the defendant desires the consequences of their conduct, or oblique (indirect) intent, which is where crime is not the main aim but in order to achieve the primary purpose X will have to bring about the prohibited act Y.

AL
Answered by Alethea L. Law tutor

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