Understanding ulterior mens rea: future conduct intention is conditional intention

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Understanding ulterior mens rea : future conduct intention is conditional intention. / Child, John.

In: Cambridge Law Journal, Vol. 76, No. 2, 12.07.2017, p. 311-336.

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@article{f46572d33d96403694e34d49d72d95b1,
title = "Understanding ulterior mens rea: future conduct intention is conditional intention",
abstract = "Where criminal offences such as attempt and conspiracy require a defendant (D) to intend future conduct, D's intention will always be conditional. D's intention may be explicitly conditional (e.g. D intends to rob the shop, but only if unable to pay her rent), or implicitly conditional (e.g. D intends to rob the shop, but if asked, would not do so if she found it surrounded by police). Rather than interpreting and defining conditional intention as synonymous with all future conduct intention, however, courts and commentators have too often approached it as unique, separate and problematic. This has led to problems of inconsistency in application, and simple incoherence. This article sets out and defends a model of conditional intention as future conduct intention, and as the key to understanding and applying ulterior mens rea.",
keywords = "conditional intention, future intention, ulterior intention, mens rea",
author = "John Child",
year = "2017",
month = jul,
day = "12",
doi = "10.1017/S000819731700040X",
language = "English",
volume = "76",
pages = "311--336",
journal = "Cambridge Law Journal",
issn = "0008-1973",
publisher = "Cambridge University Press",
number = "2",

}

RIS

TY - JOUR

T1 - Understanding ulterior mens rea

T2 - future conduct intention is conditional intention

AU - Child, John

PY - 2017/7/12

Y1 - 2017/7/12

N2 - Where criminal offences such as attempt and conspiracy require a defendant (D) to intend future conduct, D's intention will always be conditional. D's intention may be explicitly conditional (e.g. D intends to rob the shop, but only if unable to pay her rent), or implicitly conditional (e.g. D intends to rob the shop, but if asked, would not do so if she found it surrounded by police). Rather than interpreting and defining conditional intention as synonymous with all future conduct intention, however, courts and commentators have too often approached it as unique, separate and problematic. This has led to problems of inconsistency in application, and simple incoherence. This article sets out and defends a model of conditional intention as future conduct intention, and as the key to understanding and applying ulterior mens rea.

AB - Where criminal offences such as attempt and conspiracy require a defendant (D) to intend future conduct, D's intention will always be conditional. D's intention may be explicitly conditional (e.g. D intends to rob the shop, but only if unable to pay her rent), or implicitly conditional (e.g. D intends to rob the shop, but if asked, would not do so if she found it surrounded by police). Rather than interpreting and defining conditional intention as synonymous with all future conduct intention, however, courts and commentators have too often approached it as unique, separate and problematic. This has led to problems of inconsistency in application, and simple incoherence. This article sets out and defends a model of conditional intention as future conduct intention, and as the key to understanding and applying ulterior mens rea.

KW - conditional intention

KW - future intention

KW - ulterior intention

KW - mens rea

U2 - 10.1017/S000819731700040X

DO - 10.1017/S000819731700040X

M3 - Article

VL - 76

SP - 311

EP - 336

JO - Cambridge Law Journal

JF - Cambridge Law Journal

SN - 0008-1973

IS - 2

ER -