Intention and the Search for Definition: A Marriage of Doctrinal Inconsistency and Incoherent Desires

The paradigmatic status of intention as the locus classicus exposition of mens rea, has been subjected to continued criticism, primarily because of the insistence of orthodox criminal lawyers seeking to explain what is seemingly inexplicable. Throughout this paper, I shall explore the reasons why intention has come to occupy such a central position in criminal law doctrine. This will be achieved by analysing the search for the illusive definition pursued by the courts in a number of leading judgments. The cases which will be discussed shall be separated into two distinct categories. …