What is the test for determining the intent of a defendant in a tort case?

California, United States of America


The following excerpt is from The People v. Beebe, C063176, No. SF109667A (Cal. App. 2010):

"The intent with which a person acts is rarely susceptible of direct proof and usually must be inferred from facts and circumstances surrounding the offense. [Citations.] In reviewing a jury's determination, we view the whole record in a light most favorable to the verdict, drawing all reasonable inferences and resolving all conflicts in support of the jury's verdict. [Citation.] We must uphold the verdict unless it clearly appears that upon no hypothesis whatever is there sufficient evidence to support it. [Citation.]" (People v. Massie, supra, 142 Cal.App.4th at p. 371.)

In particular, regarding torture, "'the circumstances of the offense can establish the intent to inflict extreme or severe pain.' [Citation.] For example, jury may infer intent to cause extreme pain from a defendant who focuses his attack on a particularly vulnerable area, such as the face, rather than indiscriminately attacking the victim.' [Citation.]" (People v. Hamlin (2009) 170 Cal.App.4th 1412, 1426-1427; see People v. Quintero (2006) 135 Cal.App.4th 1152, 1163.)

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