What did Lord Scarman express in R v. Hancock and Shankland regarding probabilities and intention?

In R v. Hancock and Shankland, Lord Scarman articulated that the probability of a consequence can influence an individual's foreseen intention. He suggested that if a person foresees a particular outcome as highly probable, this foresight contributes to the determination of their intention regarding that outcome. The reasoning reflects a nuanced understanding that intention is not merely about desire but also about the awareness of the likelihood of certain results occurring from one's actions.

This perspective acknowledges that as the probability of the consequence increases, the individual's intention may be inferred more strongly. Thus, the court can consider how likely it was that the consequence would occur when evaluating the defendant's state of mind, leading to a more comprehensive assessment of intention.

The focus on the interplay between probability and intention is significant in distinguishing between different levels of culpability in criminal law. It emphasizes that intention is not simply a static concept but is shaped by the context and foreseeability of potential outcomes.