Chapter

Crimes of Ulterior Intent

Jeremy Horder

in Harm and Culpability

Published in print August 1996 | ISBN: 9780198260578
Published online March 2012 | e-ISBN: 9780191682124 | DOI: http://dx.doi.org/10.1093/acprof:oso/9780198260578.003.0015

Series: Oxford Monographs on Criminal Law and Justice

Crimes of Ulterior Intent

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This chapter explains and justifies the place of crimes of ulterior intent in the criminal law, a task given fresh impetus by the British Law Commission's recent misguided proposal to abolish one of the most important crimes of ulterior intent: wounding with intent to do grievous bodily harm. Those who conceive of the criminal law in terms of interest-protection will tend to be those who think of the limits of the criminal law as governed by some version of the ‘harm principle’, according to which a necessary — even if not sufficient — condition of legitimate criminalisation is a finding that harm has been caused to another. ‘Wrongdoing’ is clearly not per se a sufficient condition of criminalisation, but it provides a better starting point in seeking to understand crimes of ulterior intent than does the ‘harm principle’. This chapter also examines representative labelling, criminal attempts, theft, individuation of norms, fair warning, and parsimony.

Keywords: crimes of ulterior intent; criminal law; wounding; grievous bodily harm; harm principle; criminalisation; representative labelling; criminal attempts; theft; fair warning

Chapter.  11043 words. 

Subjects: Criminal Law

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