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所有案例
Criminal Law
Court of Appeal
1976

R v Mohan

[1976] QB 1

判决理由

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.

事实

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.

判决摘要

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.

关键引述

"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

后续处理

Good law

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