Krebs, Beatrice; (2018) Oblique Intent, Foresight and Authorisation. UCL Journal of Law and Jurisprudence , 7 (2) pp. 1-24. 10.14324/111.2052-1871.103.

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Abstract

In R v Jogee, the Supreme Court of the United Kingdom (UKSC) abolished a contentious doctrine of criminal law which allowed accomplices to a crime A to be convicted of another’s crime B on the basis that they foresaw commission of the latter in the course of the former. The Court held that nothing short of an intention to assist or encourage crime B would suffice to fix the accomplice with criminal liability. At common law intention has traditionally been understood to entail acts and consequences that were either achieved with purpose (direct intent) or foreseen as virtually certain to follow one’s chosen course of conduct (oblique intent). This paper argues that Jogee calls into question the continued existence of this latter type of intent, first, as a conceptually distinct species of intent that is, secondly, based on the idea that criminal intents are best measured in degrees of cognition rather than volition. It concludes that the law of secondary liability appears to be edging towards a conception of intent that ultimately depends on whether the accused had endorsed the consequences of his and the perpetrator’s actions.

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