Study Unit 9
Intention I
Two elements of intention
Intention consists of two elements
1. Cognitive – X knowledge of:
a. The act
b. Existence of definitional elements
c. Unlawfulness of the act
2. Conative – directing his will towards a certain act
Definition:
Person acts intentionally if:
he wills the act or result
in knowledge of:
o the act
o that the act accords with the definitional elements
o and unlawfulness of act
Intention is to know and to will an act or result.
Different forms of intention
Dolus directus
Person acts with intention if causing forbidden result is his aim or goal – reason for result is
irrelevant
Dolus indirectus
Person acts with indirect intention if causing forbidden result is not main aim, but realises that, in
achieving main aim, his conduct will necessarily cause result in question – present when person
visualises aim, realises that in order to achieve aim, something else will necessarily be caused, but
proceeds anyway in conduct.
Dolus eventualis
Person acts with dolus eventualis if causing forbidden result is not main aim, but subjectively
foresees the possibility that in striving main aim, his conduct may cause forbidden result and,
reconciles himself with possibility. – NB foresees, possibility and reconciles.
Possible for court to conclude that although X foresees possibility, he not reconcile to this.
Test consists of two parts:
subjectively forsees possibility (cognitive)
reconciles himself to that possibility (conative)
Mistake – intention present because ought to have foreseen possibility.
Correct – intention present because actually foresaw possibility.
Test is subjective
Question is never whether he should have foreseen result. Rather whether he actually saw it.
Intention I
Two elements of intention
Intention consists of two elements
1. Cognitive – X knowledge of:
a. The act
b. Existence of definitional elements
c. Unlawfulness of the act
2. Conative – directing his will towards a certain act
Definition:
Person acts intentionally if:
he wills the act or result
in knowledge of:
o the act
o that the act accords with the definitional elements
o and unlawfulness of act
Intention is to know and to will an act or result.
Different forms of intention
Dolus directus
Person acts with intention if causing forbidden result is his aim or goal – reason for result is
irrelevant
Dolus indirectus
Person acts with indirect intention if causing forbidden result is not main aim, but realises that, in
achieving main aim, his conduct will necessarily cause result in question – present when person
visualises aim, realises that in order to achieve aim, something else will necessarily be caused, but
proceeds anyway in conduct.
Dolus eventualis
Person acts with dolus eventualis if causing forbidden result is not main aim, but subjectively
foresees the possibility that in striving main aim, his conduct may cause forbidden result and,
reconciles himself with possibility. – NB foresees, possibility and reconciles.
Possible for court to conclude that although X foresees possibility, he not reconcile to this.
Test consists of two parts:
subjectively forsees possibility (cognitive)
reconciles himself to that possibility (conative)
Mistake – intention present because ought to have foreseen possibility.
Correct – intention present because actually foresaw possibility.
Test is subjective
Question is never whether he should have foreseen result. Rather whether he actually saw it.
