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Summary Tutorial notes - Mens Reus (Criminal law)
- Module
- Criminal Law
- Institution
- Queen Mary, University Of London (QMUL)
Tutorial notes - Mens Reus (Criminal law)
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Tuesday, 29 October 20195. Mens rea
1. What is the difference between intention and motive?
- The intention is the basic element for making a person liable for the crime, which is commonly
contrasted with motive.
- While intention means the purpose of doing something, motive determines the reason for
committing an act
- Intention - desire of a particular outcome
- The primary difference between intention and motive is that intention specifically indicates the
mental state of the accused, i.e. what’s going on in his mind, at the time of the commission of a
crime, whereas motive implies the motivation, i.e. what drives a person to do or refrain from doing
something
- Sometimes the line between these is pretty blurred
- Intention - conscious decision to commit the act
- Motive - what drives the person to commit the crime
2. Why is motive not supposed to be relevant to a person’s culpability?
- prosecutors try to establish motive in order to convince the jury that the defendant is guilty
- It is a person’s intention that counts in the criminal law not his/her motive
- The motive behind a criminal offence is regarded as irrelevant, in ascertaining an
individual’s guilt, because it only clarifies the accused reasons, for acting or refrained from
acting in a specific manner. However, it is required for police investigation and other
stages of the case.
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