Willful Intent

In English law , s8 Criminal Justice Act provides the frame of which the 'mens rea' is assessed. Under s8 b therefore, the jury is allowed a wide latitude in applying a hybrid test to impute intent or foresight for the purposes of recklessness on the basis of all the evidence. See Intention in English law. There must be a culpable mental state and being accepting of the mens rea to hold a conviction.

In some states, a distinction is made between an offense of basic sometimes termed "general" intent and an offense of specific intent. At times a forensic psychiatric examination may be helpful in ascertaining the presence or absence of mens rea in crimes which require specific intent. The 'natural consequence' definition was replaced in R v Woollin with the 'virtually certain' test. A person is now held to intend a consequence obliquely when that consequence is a virtually certain consequence of their action, and they knew it to be a virtually certain consequence.

The first leg of this test has been condemned as unnecessary: For example, a couple is planning to have an outdoor wedding, but they also reserved an indoor facility in the unlikely condition of bad weather.

The unconditional intent is to have the wedding outside. The conditional intent is to have the wedding inside on the condition of bad weather.

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The unconditional intent was to carjack without harm to the driver. The conditional intent was to carjack and cause harm to the driver if the driver became uncooperative. In other situations especially regarding specific intent crimes that have "with intent to" in their definition , intent may be considered to refer to purpose only. Quite arguably, the most influential legal definitions of purpose and knowledge come from the Model Penal Code's definitions of mens rea.

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Definition of Willfully

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As in other situations, to commit an act "knowingly" is to do so with knowledge or awareness of the facts or situation, and not because of mistake, accident or some other innocent reason. Knowledge of the criminal statute governing the conduct is not required.

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The false statement need not be made with an intent to defraud if there is an intent to mislead or to induce belief in its falsity. Reckless disregard of whether a statement is true, or a conscious effort to avoid learning the truth, can be construed as acting "knowingly. Evans , F.



A defendant is not relieved of the consequences of a material misrepresentation by lack of knowledge when the means of ascertaining truthfulness are available. In appropriate circumstances, the government may establish the defendant's knowledge of falsity by proving that the defendant either knew the statement was false or acted with a conscious purpose to avoid learning the truth.

West , F.

Something might happen here, and if it does, so what?

Clearfield , F. Proof that the defendant acted with reckless disregard or reckless indifference may therefore satisfy the knowledge requirement, when the defendant makes a false material statement and consciously avoids learning the facts or intends to deceive the government. Schaffer , F. The term "willfully" means no more than that the forbidden act was done deliberately and with knowledge, and does not require proof of evil intent. United States , F. An act is done "willfully" if done voluntarily and intentionally and with the specific intent to do something the law forbids.