What is the test for making out a possible intention in a criminal case?
Saskatchewan, Canada
The following excerpt is from Fischbach & Moore of Canada Ltd. v. Noranda Mines Limited, Potash Division, 1971 CanLII 784 (SK CA):
To this quotation I would add the further reference given in Chitty to Pannell v. Mell (1846), 3 C.B. 625, 136 E.R. 250 at 255: “It is not enough for the defendant to make out a possible intention favourable to his view: he must shew a reasonable certainty that the intention is such as he suggests.”
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