The notion of intent in homicide : a comparative analysis

Abstract

The notion of intent is perhaps one of the most ambiguous and misinterpreted concepts in the legal world. Various terms such as 'the guilty mind', 'the formal condition of liability' and 'mens rea' amongst others are used interchangeably throughout various jurisdictions simply to connote such notion of intent. Due to all this, confusion and discrepancies arise with regards to what such concept actually means and consists of. The thesis has a two-fold purpose. It focuses on two aspects of the notion of intent. Firstly, it deals with the general notion of intention and how such concept has been construed under different legal systems. It consequently outlines the problems that have arisen due to its complex character and the endless misinterpretations to which it has been exposed. Secondly, the thesis deals with the crucial role that the mental element of the perpetrator plays within the sphere of the crime of homicide. Reference is made to the types of homicide that exist under different legislation so as to examine what particular mental state the agent must possess at the time of the commission of the offence for the purpose of conviction. Furthermore, reference is, by way of corollary, made to three main systems of law: the United Kingdom, Italy and Malta. This thesis also contains some marginal reference to Scots Law. The reader is enabled to compare and contrast such different systems of law and examine their similarities and differences. Finally, it is proposed that certain reforms are needed in order to clarify the notion of intent with the aim of making it more concise and intelligible!