Tuesday 9 November 2010

Direct intention and foresight are different states of mind, in the
same way that love is different from acquisitiveness. Proving that a person foresees
a consequence as probable/highly probable is no more conclusive of an intention to
produce that consequence than counting an art dealer’s acquisitions can establish
his love of art. However much the dealer acquires the possibility is that he hates
art, but loves accumulating wealth. Similarly, direct intention cannot conclusively
be inferred from mere foresight of probability. It may help us make a pretty good
guess but guesswork is not the stuff of criminal convictions. Suggesting otherwise
fatally conflates intention and recklessness

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