면책조항: 이것은 법률 자문이 아닙니다. 법률과 판례는 변경됩니다. 귀하의 특정 상황에 대해 항상 자격을 갖춘 변호사와 상담하십시오.

모든 판례
Criminal Law
Court of Appeal
1976

R v Mohan

[1976] QB 1

판결 이유

Direct intent means a decision to bring about, insofar as it lies within the defendant's power, the prohibited consequence, no matter whether the defendant desired that consequence or not.

사실관계

Mohan drove his car at a police officer who was signalling him to stop. The officer jumped out of the way. Mohan was charged with attempting to cause bodily harm by wanton driving.

판결 요약

The Court of Appeal held that for attempt, the prosecution must prove a specific intent — a decision to bring about the prohibited consequence. Recklessness was not sufficient for attempt.

주요 인용문

"A direct intent means a decision to bring about, in so far as it lies within the accused's power, the commission of the offence."

James LJ

후속 처리

Good law

Leading definition of direct intent. The Criminal Attempts Act 1981 codified the intent requirement for attempts.