Wednesday, April 4, 2012

Dobb's Case, case brief

Dobb’s Case
Assizes ENG, 1770

Dobbs was accused of breaking and entering the stables belonging to Bayley with intent to destroy a horse by cutting its sinews.

Issue: Whether D possessed the specific intent to commit the crime charged?

Holding: Yes

D was Acquitted and then re-indicted -- found guilty of capital offense.

Specific intent exists where from the circumstances the D must have desired the prohibited result.

-D’s intention was not to commit the felony of killing and destroying the horse, but only to trespass against its running again.
-Burglary requires not only the intent to break and enter but also the intent to commit a felony thereafter.

P argues:  The D intended to break and enter, and to destroy the horse.

D argues
: D did not intend on committing a felony after breaking and entering.

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