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Intention and motive

November 22 2005 at 5:14 PM
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Isaac  (Login princeisaac)

 
Please can anyone help me. What's the difference between motive and intention in criminal law?
Thanks

 
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Natalie
(Login nataliebabe)

Difference between motive and intention

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November 23 2005, 4:35 PM 

In criminal law there are many terms. Motive only really comes in to it at the police investigation stage of the case. (As far as i remember)

Actus Reus - The act of the crime itself
Mens Rea - Put simply the guilty mind.

There are different levels of mens rea.
Intention
Recklessness
Negligence

Blame or culpability goes upwards

Intention is either direct intent or oblique intent.
Direct intent speaks for itself.

Oblique intent is the intention to cause one consequence but actually causing another and the jury may or may not find or infer intent.

If you need any more help please refer to Simester and Sullivan "Criminal Law: Theory and Doctrine" or Smith and Hogan "Criminal Law"
If there are any other books you would like me to recommend please e-mail me
Natalie

 
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Isaac
(Login princeisaac)

Re: Difference between motive and intention

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November 24 2005, 1:37 PM 

I have got the Simester and Sullivan book but not the Hogan book

 
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Mysta Laww
(Login marchelino)

Re: Difference between motive and intention

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November 27 2005, 1:53 PM 

What Uni are you at Natalie?

Are you in your first year?

Marchelino

 
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Isaac
(Login princeisaac)

Re: Intention and motive

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November 24 2005, 1:36 PM 

Thanks Natalie.

 
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John
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Re: Intention and motive

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November 27 2005, 2:36 PM 

Motive = WHY the act was committed
Intention = What WAS the purpose of the act
e.g. A kills B because B stole from A. Motive = revenge, intention = kill

 
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Riko
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Motive/Intention

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May 19 2007, 10:17 PM 

Hi.... ok Motive in English Law is almost invalid, motive is more significant in American Law, English Law is concerned with intention, other than slight English/American dfferences there is a slight difference between the two

Intention-The conduct of the defendant with the purpose to place their victim in a position in which they have percieved in their mind, intention may be direct or oblique

Motive This is the reason for forming the intention of putting a victim in the intended state.

Intention has a higher level of culpability than motive, simply speaking an intention is acting after developing a motive.

for example

Man looks to seek revenge on cheating wife so then decides to kill wife with a gun.
MOTIVE IS REVENGE INTENTION TO KILL WITH GUN

 
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Luke
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Motive/Intention

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June 9 2007, 1:59 PM 

Intention = A Mens Rea

Intention = Direct or indirect (oblique)

Direct = 'Where the defendant aims or has as his purpose to bring about the
commission of an offence, regardless of his desire or motive(Mohan)

Indirect = 'the defendant does not aim to bring about the prohibited offence
but accepts it is Virtually certain to occur' (Woollin)


Motive = DON'T Technicially affect a defendants liability (Smith Senior)
although they may effect the sentence given (Sood)

N.B - Don't feel bad for confusing motive and intention, the judiciary do this all the time. in particular, see (Steane) and (Gillick) respectively, although it's not a good idea to attempt to read these confusing cases, merely check them out in Russel Heatons Textbook on Criminal Law, "THE BEST MOST SIMPLE TEXTBOOK IN CRIMINAL LAW" - Mr Heaton, i'm forever in your debt.

 
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patrick nah
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intent and motive

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June 18 2008, 7:44 PM 

Please state the differnce between intent and motive.

 
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Anon
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Re: intent and motive

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June 19 2008, 2:36 PM 

If you want repeats try UK Gold, otherwise read above.

 
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