Intention Definition

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GLOSSARY

What does Intention mean?

A person directly intends those consequences which he desires to bring about by his acts, whether or not they will be likely to follow; a person obliquely intends those consequences which are virtually certain to result from his acts and which he knows are virtually certain so to result.

“Intention” is an element of many criminal offences, but it does not have a consistent meaning. There is no difficulty in cases where the defendant desires or wants to bring about a consequence by his acts; in such a case he directly intends that consequence, and how likely it is to occur is irrelevant. Where, however, the defendant may not have desired the consequence but may have foreseen it as a by-product of his action, he may be found to have intended that consequence, but only (it appears) if that result was a virtually certain consequence of his acts and he knew this to be so.

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Considerations and next steps for victims of fraud—checklist

Considerations and next steps for victims of fraud—checklist This Checklist is designed to assist individuals and companies who suspect they have been a victim of fraud. It considers the immediate steps they should take to gather and preserve evidence, obtain legal advice, mitigate and reduce risk and obtain emergency or urgent relief (such as freezing orders and insurance cover), including whether it is necessary to report a suspected fraud to the police and how to do so using the Action Fraud service. It also addresses the choice between issuing civil and criminal proceedings for fraud and explains the possibility of running a civil fraud claim in parallel with a criminal prosecution (private or public). This Checklist should be read in conjunction with the Practice Notes: • Starting a civil fraud claim—a practical guide • Civil fraud—heads of claim • Civil fraud—frequently asked questions (FAQ) • Commencing criminal proceedings—applying for the issue of a summons • Fraud—civil claim and private criminal prosecution compared For full guidance on fraud offence under criminal...

Provisions of the Companies Act 2006 that can be included, excluded or modified by the articles of association of a private company limited by shares—checklist

Provisions of the Companies Act 2006 that can be included, excluded or modified by the articles of association of a private company limited by shares—checklist This Checklist sets out details of those provisions of the Companies Act 2006 which can be included, excluded or modified by the articles of association of a private company limited by shares. A company must have articles of association, which: • in the case of a company incorporated under the Companies Act 1985 (CA 1985) will be: ◦ the relevant Table A, which was the prescribed format for the articles of a company limited by shares under the Companies Act 1985 and earlier legislation; if no articles are registered at Companies House, the form of Table A in force on the date that the relevant company was incorporated will apply, or ◦ bespoke articles that modify Table A or exclude them completely, in which case they should have been registered at Companies House, and • in the case of a company incorporated under Companies Act...

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Specific and basic intent

Intention refers to the outcome sought by the defendant. Offences may be described as either ones of ‘basic intent’ or of ‘specific intent’. The Court of Appeal has described this distinction as ‘elusive’. The Court nevertheless provided the following definition of specific intent:‘Crimes of specific intent are those where the offence requires proof of purpose or consequence, which are not confined to, but amongst which are included, those where the purpose goes beyond the actus reus (sometimes referred to as cases of “ulterior intent”).’The Court also approved the reasoning that:‘[A] distinction is to be made between (i) intention as applied to acts considered in relation to their purposes and (ii) intention as applied to acts apart from their purposes. A general intent attending the commission of an act is, in some cases, the only intent required to constitute the crime while, in others, there must be, in addition to that general intent, a specific intent attending the purpose for the commission of the act.’Put simply, offences of specific intent require...

Intoxication and mistake

IntoxicationGeneral defences are those which arise from specific characteristics of the defendant or the circumstances of the offence which mean that the prosecution cannot prove all the elements of the offence. The investigating officer is under a duty to investigate crime impartially and fairly and so evidence supporting a defence should be collected and retained in the same way as evidence of the offence. Some offences are subject to specific statutory defences but the general defences should be considered in every case.Strictly speaking, intoxication, whether voluntary or involuntary is not defence to a crime per se.Specific intentWhere an offence requires specific criminal intent, voluntary intoxication may be sufficient to show that the accused could not have formed the requisite intent to commit the offence. The specific criminal intent required is that of bringing about a particular consequence at the time of the criminal action. If the accused was so drunk that they could not form a specific intention to bring about a particular consequence, then they would have a defence...

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Legal due diligence questionnaire—asset purchase—employment

Legal due diligence questionnaire—asset purchase—employment Definitions In this questionnaire, the following words and phrases have the meaning set out opposite them. [CA 2006 • the Companies Act 2006;] [Business • the business of [insert description of the business] operated by the Seller and all other activities including those ancillary or incidental to or in connection with such business as carried on by the Seller;] Buyer • [insert name of buyer] Limited incorporated in England and Wales under number [insert company number]; Employee • any person employed or engaged to work in, or assigned to, the Business[, including any based overseas]; EqA 2010 • means the Equality Act 2010; ERA 1996 • the Employment Rights Act 1996; Group • the Seller and each of the Subsidiaries (including [insert names of companies that may not fall under definition of subsidiary from CA 2006]) and Group Company means any of them; pseudonymised • where information is processed in such a way that names or other identifiers that can be easily...

List of documents—initial admission to and placing on AIM

List of documents—initial admission to and placing on AIM References to ‘AIM Rules’ are to the AIM rules for Companies, to ‘PRR’ are to the Prospectus Regulation Rules, to ‘DTR’ are to the Disclosure Guidance and Transparency Rules, to the ‘PR Regulation’ are to Retained Regulation (EU) 2019/980, to the ‘LSE’ are to the London Stock Exchange plc and to the ‘nomad’ are to company’s nominated adviser. Preliminary documents Document Responsibility Status List of parties Nomad Timetable Nomad List of documents Nomad Engagement letters Document Responsibility Status Nomad’s engagement letter Nomad Broker’s engagement letter Broker Reporting accountants’ engagement letter Reporting accountants Company’s solicitors’ engagement letter Company's solicitors Nomad’s solicitors’ engagement letter Nomad’s solicitors Printer’s engagement letter Printer Registrar’s engagement letter Registrar Public relations firm engagement letter Public relations firm [Competent person's engagement letter] [Competent person(s)] Key documents Document Responsibility Status Pathfinder admission document [and prospectus] All parties Final admission document [and...

Dive into our 13 Precedents related to Intention

What is a direct agreement? Is it different to a collateral warranty?

What is a direct agreement? Is it different to a collateral warranty? If a party with an interest in a construction project has directly employed either the building contractor, a professional consultant or a sub-contractor it will be protected against the impact of problems arising out of the design or construction of the works under the terms of the building contract or the relevant appointment or sub-contract to which it is party. However, a third party with an interest in the project who is not party to those agreements, will find itself without the necessary direct contractual relationship that will enable it to rely on, or enforce, the terms of the building contract, appointment or sub-contract in order to protect its interest. What is a direct agreement? Direct agreements are, like collateral warranties, agreements that have evolved, and are now commonly put in place, in order to protect the interests of third parties who have an interest in a construction project but who are not, necessarily, party...

Are there any circumstances in which it would be necessary to issue a voluntary ex ante transparency notice for a below-threshold public contract awarded under the light touch regime?

Are there any circumstances in which it would be necessary to issue a voluntary ex ante transparency notice for a below-threshold public contract awarded under the light touch regime? It is assumed that this query relates to a below-threshold public procurement exercise using the light touch regime (LTR) under the Public Contracts Regulations 2015 (PCR 2015), SI 2015/102. Voluntary transparency notice A voluntary transparency notice may be used by a contracting authority where a public contract has been awarded without prior publication of a contract notice in accordance with PCR 2015, SI 2015/102, Pt 2 (ie a direct award). A contracting authority may opt to publish a voluntary transparency notice in these circumstances in order to prevent or resist a legal challenge on grounds of ineffectiveness under PCR 2015, SI 2015/102, reg 99(2). PCR 2015, SI 2015/102, reg 99(3) provides that the ground of ineffectiveness (for lack of advertisement) will not apply if the contracting authority: • considers the contract award (without prior publication of a contract...

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Planning and Infrastructure Bill—second reading

Planning analysis: The Planning and Infrastructure Bill had its second reading on 24 March 2025. Key amendments include a right for local planning authorities to decline future planning applications from parties in certain circumstances and the introduction of a third-party right to appeal a grant of planning permission. This analysis sets out a summary of some of the key amendments, based on the 9 April 2025 Amendment Paper.

Minutes of the CPR Committee meeting—7 March 2025

Dispute Resolution analysis: The minutes of the CPR Committee (CPRC) meeting of 7 March 2025 (conducted in a hybrid format at The Rolls Building (Royal Courts of Justice) and via video conference) cover a number of issues including the Renters’ Rights Bill, the Small Claims Paper Determination Pilot, Foreign Process Section at the Royal Courts of Justice, the Lacuna Sub-Committee, Standard Directions Orders, e-signatures, and the Service Sub-Committee.

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