Maxim 7.8.8
The intention is punished though the intended result does not follow.
Intentio punitur licet non sequatur effectus.
Source: 9 Coke, 55; Weisman, 92s
Difficulty 2/5 — Approachable
Explanation
Where criminal intent is fully formed and an overt act taken in furtherance of it, the failure to achieve the intended result does not shield the actor from punishment.
Where this applies
- Someone planned and attempted a murder but the victim survived — should they be punished?
- An arsonist set fire to a building but it was extinguished before much damage was done.
Legal domains
See also
Cite this maxim
NeCede Max. 7.8.8 — The intention is punished though the intended result does not follow. — 9 Coke, 55; Weisman, 92s (Intentio punitur licet non sequatur effectus.)
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