Notes on General Intent, Recklessness, and One-Punch Murder

General Criminal Law and Intent

Social Dangerousness of the Act

• Understanding the "social dangerousness of the act" or its "significance" is crucial in criminal law.

• While some students might feel it's necessary to introduce this concept, courts primarily focus on the objective dangerousness.

• Case Example (Rare): A person bought a drug from an online shop but immediately called the administrator the next day to remove it. The Supreme Court acquitted him, stating that in this particular and very rare case, not knowing the law was reasonable because the law changed the day after the police attempted to buy the same drugs from him. He genuinely didn't understand his actions were forbidden.

General Intent

• General intent requires a specific understanding of factual circumstances and an anticipation of consequences.

• Intellectual Aspect: This involves understanding the factual circumstances, such as knowing that what you are transporting are drugs.

• Volitional Aspect (Foresight of Consequences): Unlike specific intent, general intent necessitates foreseeing a high probability of consequences.

  • "High Probability" Definition: This is highly debated and cannot be precisely quantified as a percentage in the real world (e.g., judges don't use percentages).

    • The speaker suggested that $15\%$ and more might be considered high.

    • A $20\%$ risk of death is generally considered a high risk.

    • Example (HIV Transmission): While unprotected sex with an HIV-infected person may not inherently carry a