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KembaraXtra – Legal Terms – Malice Aforethought
Malice aforethought is the mental element traditionally required for the offence of murder. Despite the wording, it does not require hatred or long-term planning.
The concept includes an intention to kill or an intention to cause grievous bodily harm. It may also arise where a defendant realizes that death or serious injury is virtually certain to result from his actions.
English criminal law recognizes both direct and indirect forms of malice aforethought. Direct malice involves a deliberate intention, while indirect malice concerns awareness of virtually certain consequences.
Malice aforethought is the mental element traditionally required for the offence of murder. Despite the wording, it does not require hatred or long-term planning.
The concept includes an intention to kill or an intention to cause grievous bodily harm. It may also arise where a defendant realizes that death or serious injury is virtually certain to result from his actions.
English criminal law recognizes both direct and indirect forms of malice aforethought. Direct malice involves a deliberate intention, while indirect malice concerns awareness of virtually certain consequences.
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