Saint Lucia

Criminal Code

CHAPTER ONE
General Provisions

PART III
LIABILITY AND MENS REA

Intent

Intent
56.— (1) A person who voluntarily commits an act is presumed to intend the consequence of the act if he or she believes in the probability of the consequence occurring or commits the act with the purpose of achieving the consequence.

(2) In determining whether a person has committed an offence with the requisite intent the Court may infer the requisite intent from the act committed by the person and the relevant surrounding circumstances taking into account the following factors —
(a) the emotional motive which prompted the person to commit the act;
(b) the person’s reasons or purposive motive for committing the act or the ultimate purpose which the person sought to achieve by committing the act;
(c) the person’s desire for the consequence of the act;
(d) the person’s subjective foresight or belief in the degree of probability of the consequence of the act; and
(e) the person’s subjective honest or actual belief in the existence of certain circumstances which motivated the commission of the act.


Transferred Intention
57. Where a person intends to commit a particular crime and brings about the elements which constitute that crime he or she may be guilty of that crime notwithstanding that the crime takes effect in a manner which was unintended or unforeseen.

Keywords

Intent - national proceedings



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