Your Cart

Malice vs Intent

Malice and intent are legal terms often used to describe different mental states or culpable mental elements in criminal law. While they share some similarities, they have distinct meanings:


Intent

Intent or Intention refers to the actor's purpose or aim in committing a particular act. It involves a conscious decision to bring about a specific result or to engage in conduct with a particular outcome in mind. For example, if someone intentionally shoots another person with the aim of causing harm or death, their act is characterised by the specific purpose to achieve that result.


Malice

Malice is a broader term encompassing various mental states that involve a wrongful intent or a desire to cause harm. It is often categorised into different types, including express malice (explicit intent to cause harm), implied malice (reckless indifference to the consequences), and malice aforethought (intent to cause serious bodily harm or death in the context of murder). For example, in a murder case, malice aforethought might refer to the defendant's intentional decision to cause the death of another person.


In summary, intent is a specific mental state involving a conscious decision to achieve a particular result, while malice is a more general concept encompassing various forms of wrongful intent or desire to cause harm.


Check out our exam-focused Criminal Law notes now.

Trusted by thousands of law students worldwide

Where are our students from?

Yale University

Council of Europe

Baker Mckenzie 

University of Chicago

Columbia University

New York University

University of Michigan 

INSEAD

University College London (UCL)

London School of Economics (LSE)

King’s College London (KCL)

University of London

University of Manchester

University of Zurich

University of York

Brandeis University

University of Exeter

University of Sheffield

Boston University

University of Washington

University of Leeds

University of Law

Royal Holloway, University of London 

Birkbeck, University of London

SOAS, University of London

University of Kent

University of Hull

Queen’s University Belfast

Toronto Metropolitan University

Hong Kong University of Science and Technology

Your perfect companion for open-book and closed-book exams

Diagrams and Charts

Our carefully designed diagrams and charts will guide you through complex legal issues.

Clear and Succinct Definitions

Key concepts are concisely defined to help you understand legal topics quickly.

Statutory Provisions

Statutory provisions are provided side by side with legal concepts to help you swiftly locate the relevant legislation.

Case Summaries

We have summarised important cases for you so that you don't need to read long and boring cases.

Rules and Exceptions

Rules and exceptions are clearly listed so that you know when a rule applies and when it doesn't.

Terminology

Legal terms and key concepts are explained at the beginning of each chapter to help you learn efficiently.

Case Law

Case law is provided side by side with legal concepts so that you know how legal principles and precedents were established.

Law Essay Guide

You will learn essential law exam skills and essay writing techniques that are not taught in class.

Problem Question Guide

We will show you how to answer problem questions step by step to achieve first-class results.

Structured Explanations

Complex legal concepts are broken down into concise and digestible bullet point explanations.

Legal Research

You will learn legal research techniques with our study guide and become a proficient legal researcher.

Exam-focused

All essential concepts, principles, and case law are included so that you can answer exam questions quickly.