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.

View the related checklists about Intention

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...

Notice of general meeting or annual general meeting—checklist

Notice of general meeting or annual general meeting—checklist Who is entitled to receive notice of general meeting or annual general meeting? Notice of the general meeting (GM) or annual general meeting (AGM) must be sent to: • every member of the company, ie those appearing on the register of members (including those entitled to a share in consequence of the death or bankruptcy of a member, if the company has been notified of their entitlement) • every director of the company, and • the company’s auditors Check the company’s articles in particular for provisions relating to: • giving notices to joint, untraceable or overseas shareholders, and • cut-off dates by which time a member needs to be registered on the register of members to receive a notice. Where a company's shares are held in CREST, a member must be registered in the register of members at least 21 days before the date the notice is sent Form of notice Notice of a GM must be given: • in hard copy...

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

IntoxicationStrictly speaking, intoxication, whether voluntary or involuntary is not defence to a crime per se.General 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.Where 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 particular consequences, then they would have a defence to those...

Discover our 4403 Practice Notes on Intention

Letter serving application in Form A on mortgagee in financial proceedings

Letter serving application in Form A on mortgagee in financial proceedings [insert mortgagee name] [insert mortgagee address] Dear [insert organisation name] Our client: [insert client’s name] [Property OR Land] address: [insert address of property or land] [ [Property OR Land] title number: [insert title number]] Your reference: [insert reference number] We represent [insert client’s name] in divorce and financial proceedings. [client's name]’s [former] [husband OR wife], [insert name], [is represented by [insert name and address of other party’s solicitors] OR acts in person]. We understand that you have a charge secured against the above detailed [property OR land], which forms part of the matrimonial assets. We confirm that our client has instructed us to make an application to the court for a financial order, including for an order in relation to the [property OR land] detailed above. We enclose a copy of the

Board minutes—private M&A—share purchase—completion—target

Board minutes—private M&A—share purchase—completion—target Company number: [insert company number] [insert company name] [LIMITED OR PLC] Minutes of a meeting of the board of directors (the Meeting) of [insert company name] [Limited OR PLC] (the Company) Held at [insert place of meeting] Held on [insert day, month and year of meeting] at [insert time of meeting][am OR pm] Present: [Insert names of the director(s) physically present][[Insert names of any directors present by telephone as permitted by the Company’s articles of association] (by telephone)] [[Insert names of any directors present by other means permitted by the Company’s articles of association] (by [insert other means]] [ In attendance: ] [[Insert name of anyone in attendance, who does not count towards the quorum for the Meeting (eg the company secretary, any legal advisers)]] [ Apologies: ] [[Insert names of any directors who are unable to attend the Meeting]] 1 Chair, notice and quorum [insert name] was appointed Chair of the Meeting. The Chair reported that due...

Dive into our 541 Precedents related to Intention

Under section 2(1) of the draft Insurable Interest Bill, is there a need for a life insured at the outset of the Policy to be valid? Does section 2(5) allow for categories of lives being insured, even if there are not lives in these categories? Does section 2(5) apply to all life policies or group life policies?

Under section 2(1) of the draft Insurable Interest Bill, is there a need for a life insured at the outset of the Policy to be valid? Does section 2(5) allow for categories of lives being insured, even if there are not lives in these categories? Does section 2(5) apply to all life policies or group life policies? For the purposes of this Q&A, it has been assumed that the question is are referring to the Insurable Interest Bill dated June 2018. In conducting our research we have focussed on the Insurable Interest Bill dated June 2018. For this answer, we refer you to the following resources: • June 2018 Draft Insurable Interest Bill • June 2018 Accompanying notes to the draft Insurable Interest Bill Under section 2(1) of the draft Insurable Interest Bill, does there need to be a life insured at the outset of the Policy to be valid? Section 2(1) of the draft Insurable Interest Bill (the Bill) states: ‘A contract of life-related insurance is void unless at...

How does the decision of Herefordshire Council v Rohde [2016] UKUT 39 (LC) clarify how a local authority's declaration as to whether a property is a house in multiple occupation (HMO) is challenged?

How does the decision of Herefordshire Council v Rohde [2016] UKUT 39 (LC) clarify how a local authority's declaration as to whether a property is a house in multiple occupation (HMO) is challenged? Under section 255 of the Housing Act 2004 (HA 2004), a local authority (LA) is provided with a power to make a house in multiple occupation (HMO) order. The tests for establishing whether a property is a HMO or not is provided by HA 2004, s 254, however, where a property does not fulfil the tests contained within ss 254(2), 254(3), 254(4) or 254(5), then the LA retains a power to declare the property to be an HMO, provided they reasonably believe that the property has 'significant use' as an HMO (HA 2004, s260). For more information of the classification of HMOs, please see our Practice Note: Houses in multiple occupation (HMOs). The designation of a property as a HMO, as was the case in Herefordshire Council v Rohde [2016] UKUT 39 (LC) (Rohde), may be...

See the 1578 Q&As about Intention

Intention to return satisfies tenant condition (Weintraub v London Borough of Hackney)

Local Government analysis: This appeal was based on unusual and highly specific facts regarding the intention to return to a property and whether that satisfies the tenant condition in relation to the Right to Buy (RTB). It was held that it does, in this particular circumstance. The relevant principles to determine occupation of a property while not living there are outlined in Islington LBC v Boyle, and it remains a question of fact and degree and the burden is on the tenant. This case simply adds some helpful detail to conditional or contingent intention to return. Written by Clive Adams, head of Housing Management at Birketts LLP.

Law Commission to consult on right to renew business tenancies

The Law Commission has announced its intention to consult on the right to renew business tenancies as part of its review of Part 2 of the Landlord and Tenant Act 1954 (LTA 1954), with a consultation paper scheduled for publication on 19 November 2024. This paper will pose key questions regarding potential reforms to LTA 1954, Part 2. Following this initial consultation, the Law Commission aims to publish a second, technical consultation.

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