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'Motive Is Synonymous With Intention'
Member rating: No Rating | Words: | Submitted: Mon Jun 19 2006
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'MOTIVE IS SYNONYMOUS WITH INTENTION' One of the aims of criminal law is to punish 'morally responsible' wrongdoers. To do so, the state of mind (mens rea) of these at the time of the offence must be examined since the existence of a prohibited act (actus rea) is not enough to prove guilt. The examination of the mens rea allows to decide whether or not they intended to bring about the consequences. If proved, the defendant will be found guilty regardless of his good or bad motives 'a man shot and killed his aunt with the motive of benefiting under her will, the immediate intent, which makes the act murder, is the intention or desire to kill, while the further intent or motive, which forms no part of the definition of murder, is the intention or desire to benefit under her will'1. This statement highlights the distinction between intention and motives...
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