Abstract

Establishing the mens rea for murder is often a difficult task, which has been made more difficult in British Law by confusions regarding the nature of intention and foresight. While is is correct to claim that foresight is not the same as intention, it is incorrect to maintain that intention is a necessary constituent of the mental element in murder. In response to these confusions, the paper argues for the reinstatement of felony murder or, in lieu of this, for the adoption of ordinary language in the law of murder