Specific and basic intent

Produced in partnership with Christopher Sykes of 33 Chancery Lane
Practice notes

Specific and basic intent

Produced in partnership with Christopher Sykes of 33 Chancery Lane

Practice notes
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Intention refers to the outcome sought by the defendant. Offences may be described as either ones of ā€˜Basic intentā€™ or of ā€˜Specific intentā€™. The Court of Appeal has described this distinction as ā€˜elusiveā€™. The Court nevertheless provided the following definition of specific intent:

ā€˜Crimes of specific intent are those where the offence requires proof of purpose or consequence, which are not confined to, but amongst which are included, those where the purpose goes beyond the actus reus (sometimes referred to as cases of ā€œulterior intentā€).ā€™

The Court also approved the reasoning that:

ā€˜[A] distinction is to be made between (i) intention as applied to acts considered in relation to their purposes and (ii) intention as applied to acts apart from their purposes. A general intent attending the commission of an act is, in some cases, the only intent required to constitute the crime while, in others, there must be, in addition to that general intent, a specific intent attending the purpose for the commission of the act.ā€™

Put simply, offences

Christopher Sykes
Christopher Sykes

Barrister, 33 Chancery Lane


Christopher acts for the prosecution and defence in cases of business crime and investigations. He has been instructed by the FCA as junior and disclosure counsel in complex prosecutions. He has gained experience of investigations through his work with the Enforcement Decision Making Committee of the Bank of England and the Fraud Investigation Service of HMRC. He has been led by senior members of Chambers in defending private prosecutions for fraud and in confiscation proceedings. He has defended individuals facing allegations of civil contempt in the High Court for breach of freezing injunctions. He is panel counsel for the SFO.
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Alongside his business crime practice, Christopher offers extensive experience and expertise in the practice area of professional discipline and regulation. He is frequently instructed by the GDC to present the case in substantive, interim, and High Court matters. He is regularly instructed to act for the defence by the CSP. Christopher gained in-house experience of regulatory enforcement through his secondment as a case presenter for the GOC.
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Christopher brings to these roles the experience gained as a criminal advocate appearing in the magistratesā€™ courts, Crown Courts, and Court of Appeal. He has secured successful outcomes for clients facing the most serious criminal allegations, including kidnap and terrorism.
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Christopher contributed to the drafting of ā€œThe UK Anti-Bribery Handbookā€ (Bloomsbury, 2022) and Blackstoneā€™s Criminal Practice 2020.

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Jurisdiction(s):
United Kingdom
Key definition:
Basic intent definition
What does Basic intent mean?

All offences other than those of specific intent are crimes of basic intent.

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