Skip to main navigation Skip to search Skip to main content

Murderous Intent - The Attitude of a Murderer

    Research output: Contribution to journal › Article › peer-review

    1264 Downloads (Pure)

    Abstract

    There is a controversy in the definition of murder in England and Wales. This relates to ‘intention’ in the mental element, which can include the defendant’s foresight of death or grievous bodily harm (GBH) as ‘virtually certain’. This ‘oblique’ intent is criticised as morally under-inclusive. In this article, it is argued the crime can better capture those killings that should be categorised as murder by rejecting oblique intent. It is accepted that GBH ought to be a part of the mental element. However, the article proposes murder should capture heinous forms of risk-taking through knowledge of likely death or GBH which, if it were to occur, might be useful in contributing to the defendant’s purpose. This cognitive approach supports a murderous attitude called reconciliation. That attitude is contrasted with the dictionary definition of intention in which death or GBH can be used in pursuit of, or is, the defendant’s purpose.
    Original languageEnglish
    Pages (from-to)18-28
    Number of pages11
    JournalJournal of Criminal Law
    Volume86
    Issue number1
    Early online date15 Jul 2021
    DOIs
    Publication statusPublished - 1 Feb 2022

    UN SDGs

    This output contributes to the following UN Sustainable Development Goals (SDGs)

    1. SDG 16 - Peace, Justice and Strong Institutions
      SDG 16 Peace, Justice and Strong Institutions

    Keywords

    • murder
    • oblique intention
    • virtual certainty
    • knowledge
    • reconciliation

    Fingerprint

    Dive into the research topics of 'Murderous Intent - The Attitude of a Murderer'. Together they form a unique fingerprint.

    Cite this