ABSTRACT
Intention is the highest form of mens rea state and is an essential element of crimes such as murder, wounding or causing GBH with intent, robbery and theft. Intention may be direct, where a consequence is defendant (D's) aim, purpose or desire, or oblique, where a consequence is not desired but is foreseen by D as 'virtually certain'. Foresight is not the same thing as intention but is evidence from which a jury may 'find' intention. The Law Commission has proposed placing the case law definition of intention into statutory form. In 1981 an 'objective' test for recklessness was introduced by Caldwell, according to which D was reckless if he failed to appreciate a risk which would have been obvious to an 'ordinary prudent individual'. The principle of 'transferred malice' means that if D fulfils the actus reus and mens rea elements of an offence, then D is liable even if actus reus was carried out in an unexpected way.
