Understanding Specific Intent in a Court of Law: Can Intent be Used as a Defence?

Understanding intent

Intent is defined not by the consequence of an action but by the desired outcome of the action. Irrespective of the crime committed, intent can either increase or decrease the perceived severity of a crime, and impact the sentence given to the accused. Likewise, it does not take into account the likelihood of the intended outcome coming to fruition.

One of the most commonly known examples of intent as it applies to sentencing in a court of law is murder vs manslaughter.

If the accused is responsible for the death of another, the intent behind the crime will determine whether they are given a sentence of murder (taking a life with the intent to kill), or manslaughter (taking a life without the intent to kill).

Intent to commit a crime is, in itself, a crime. For example, if a person is facing a charge of common assault but the evidence presented implies that the assault was committed with the intent to commit homicide, then this will lead to a harsher sentence.

However, in a court of law, the issue of intent is more complex than this, and Harewood Law wants to break down these barriers.

What is specific intent?

Specific intent refers to crimes that were committed with the conscious effort to achieve an objective. For a crime to have been committed with specific intent, there must have been explicit and premeditated intention, taking into account the defendant’s presence of mind during and prior to the crime being committed.

Specific intent is often applied to the intoxication defence.

Specific intent crimes

Crimes that fall under specific intent include, but are not limited to:

Murder

Taking a life with the intent to kill

Burglary

Entering a property with the intent to cause harm to another or cause property damage

Arson

Deliberately setting fire to a property with the intent to cause property damage or take a life

Armed Robbery

Robbing an individual or organisation with a weapon

Grievous Bodily Harm (GBH)

Inflicting serious bodily harm with intent

Forgery

Forging false records with the intent to commit fraud

Factors that impact specific intent 

All aspects of intent are considered carefully, with the circumstances surrounding the crime taken into consideration.

Factors that impact specific intent include:

• The presence of mind of the individual at the time the crime was committed

• The individual’s awareness of their actions and their environment

• The impulsivity of the act

For example, it is not enough to state that an intoxicated individual made the decision, whilst involuntarily intoxicated, to cause harm to an individual in self-defence because their state of intoxication would indicate that they did not have the appropriate frame of mind to commit the crime with intention.

Common legal defences for specific intent crimes

The law provides exceptions to specific intent crimes through the following legal defences:

Mistake of fact: Mistake of fact can be applied to the specific intent crime of forgery, whereby the defendant unknowingly made a mistake when filling out a legal document, and the act was not committed with the intent to deceive.

Intoxication: Intoxication can only be used as a defence if the defendant unknowingly ingested alcohol or drugs.

Insanity: If the defendant was deemed legally insane at the time the crime was committed, then they did not have the presence of mind to commit the crime with explicit and clear intention.

These will only change the perceived intent behind the crime and therefore alter your sentence rather than abolish it altogether.

What is general intent?

Crimes committed with general intent are those that have been committed where the outcome of the act was not intended. As mentioned previously, manslaughter is a crime that comes under the umbrella of general intent, because the defendant may have intended the actions they committed, but the intent was not to kill.

If you’re in a difficult situation and require expert advice, you can count on Harewood Law. Our criminal defence solicitors have a proven track record of securing the best outcome for our clients. If you’re facing charges for a serious crime or have been wrongfully convicted as having committed a crime of specific intent, it is vital to secure immediate access to exceptional legal advice.

Harewood Law are based in Leeds, near Bradford, Halifax, Wakefield, Huddersfield, Keighley and we cover West Yorkshire and across the UK, so contact Harewood Law today.