Criminal intent

McGee, Andrew & Garwood-Gowers, Andrew (2016) Criminal intent. Online Opinion, March(11).

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The High Court recently heard submissions of counsel in Zaburoni v The Queen. This case concerns an appeal against conviction for transmitting a serious disease with intent under section 317(b) and (e) of the Queensland Criminal Code. It raises important issues about the meaning of intent and how intent can be proven in Queensland criminal offences.

Since intent is an element of so many of the more serious crimes, it is surprising to see that the courts, both in England and Australia, continue to grapple with how best to define it. In murder, for example, the accused is potentially going to be locked up for a very long time, so it is essential that the courts and juries are very clear on what intent actually means, so that they can be confident in correctly finding that it was present on the facts of the case.

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ID Code: 93902
Item Type: Journal Article
Refereed: Yes
Keywords: criminal law, intent, foresight, desire, Queensland Criminal Code
ISSN: 1442-8458
Subjects: Australian and New Zealand Standard Research Classification > LAW AND LEGAL STUDIES (180000) > LAW (180100)
Australian and New Zealand Standard Research Classification > LAW AND LEGAL STUDIES (180000) > LAW (180100) > Criminal Law and Procedure (180110)
Divisions: Current > QUT Faculties and Divisions > Faculty of Law
Current > Schools > School of Law
Copyright Owner: Copyright 2016 The Author(s)
Copyright Statement: This work is licensed under a Creative Commons License.
Deposited On: 18 Mar 2016 01:07
Last Modified: 20 Mar 2016 23:34

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