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Harm and Culpability$
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A. P. Simester and A. T. H. Smith

Print publication date: 1996

Print ISBN-13: 9780198260578

Published to Oxford Scholarship Online: March 2012

DOI: 10.1093/acprof:oso/9780198260578.001.0001

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PRINTED FROM OXFORD SCHOLARSHIP ONLINE (oxford.universitypressscholarship.com). (c) Copyright Oxford University Press, 2021. All Rights Reserved. An individual user may print out a PDF of a single chapter of a monograph in OSO for personal use. date: 30 July 2021

Crimes of Ulterior Intent

Crimes of Ulterior Intent

(p.153) 7 Crimes of Ulterior Intent
Harm and Culpability

Jeremy Horder

Oxford University Press

This chapter explains and justifies the place of crimes of ulterior intent in the criminal law, a task given fresh impetus by the British Law Commission's recent misguided proposal to abolish one of the most important crimes of ulterior intent: wounding with intent to do grievous bodily harm. Those who conceive of the criminal law in terms of interest-protection will tend to be those who think of the limits of the criminal law as governed by some version of the ‘harm principle’, according to which a necessary — even if not sufficient — condition of legitimate criminalisation is a finding that harm has been caused to another. ‘Wrongdoing’ is clearly not per se a sufficient condition of criminalisation, but it provides a better starting point in seeking to understand crimes of ulterior intent than does the ‘harm principle’. This chapter also examines representative labelling, criminal attempts, theft, individuation of norms, fair warning, and parsimony.

Keywords:   crimes of ulterior intent, criminal law, wounding, grievous bodily harm, harm principle, criminalisation, representative labelling, criminal attempts, theft, fair warning

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