California, United States of America
The following excerpt is from People v. Corn, H038127 (Cal. App. 2013):
In People v. Lewis (2004) 120 Cal.App.4th 837 (Lewis), the appellate court concluded that "willfully" in section 1203(e)(3) requires a defendant to intend to cause great bodily injury, and that the section is not applicable when great bodily injury is merely the result of the defendant's crime. (Lewis, supra, at p. 853.) The court stated that "[u]sually the word 'willfully' defines a general intent crime unless the statutory language requires an intent to do some further act or achieve some future consequence. [Citation.] In the final analysis, however, the meaning of the word 'willfully' in any given statute is dependent on the context in which it is used. [Citation.]" (Id. at p. 852.) The court further explained: "The word 'willfully' as generally used in the law is a synonym for 'intentionally,' i.e., the defendant intended to do the act proscribed by the penal statute. Section 1203, subdivision (e)(3), so read requires the defendant intentionally inflicted great bodily injury or torture in the commission of the crime. The section describes no initial act, e.g., willfully strikes, or willfully burns, resulting in some required particular result, e.g., great bodily injury, the burning of some particular type of property. When the structure of a section requires a willful act followed by some particular result, then it is reasonable to read the willful, i.e., intentional, element as referring only to the initial act and not to the ultimate result. In such sections the word 'willfully' does not require the defendant intend the ultimate result, only that he or she
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