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What is the meaning of intention in English criminal law? Is it always possible to distinguish between intention and motive?
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- Words:
- 1725
- Submitted:
- Thu Jul 11 2002
... What is the meaning of intention in English criminal law? Is it always possible to distinguish between intention and motive? The law generally requires that the accused possess a 'blameworthy' state of mind at the time the act comprising the offence was committed, and the basic presumption is that mens rea is required for every offence ('actus non fit reus nisi mens sit rea'), authority for which stems from Sherras v De Rutzen [1895] - "There is a presumption that mens rea ... is an essential ingredient in every offence; but that presumption is liable to be displaced either by the words of the statute creating the offence or by the subject matter with which it deals, and both must be considered." This proposition, that mens rea is the default position for an offence unless its implication is clearly outweighed by other factors, was secured in Sweet v Parsley [1970]. Per Lord
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