ABSTRACT

Where a fine is imposed under this section, a term of imprisonment may be imposed in default of payment of the fine, but no such term shall exceed

(a) two years, where the term of imprisonment that may be imposed for the offence is less than five years, or …

The question of mens rea, in relation to a statutory offense, has generally been dealt with in Chapter Nine. However, the decision of the House of Lords in D. P. P. v Smith 5 raises important controversial issues as to the nature of the intent required in criminal offenses. Although Smith deals with murder, the lessons thereof are of significance to Parliamentary Counsel. A few preliminary questions need to be dealt with:

Should the jury, where murder is alleged, be bound to infer the intent to kill or the intent to inflict grevious bodily harm? Should the objective or the subjective approach to intent, apart from its application to intent to murder, or, where relevant, to foresight, be adopted in the criminal law? Should the requirement of intent in murder, whether as ascertained subjectively or objectively, be satisfied by either an intent to kill or an intent to inflict grievous bodily harm? The nature of the intent required to establish a criminal offence raises

important and controversial issues.6 The decisions of the courts reveal that the meaning of imputed intent with regard to the key words intention, intend and intent have been controversial as to their proper meaning.