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Intent is defined in English law by the ruling in R v Mohan [1976] QB 1 as "the decision to bring about a prohibited consequence" (malum prohibitum). [1] [2] [3]A range of words represents shades of intent in criminal laws around the world.
A motive is the cause that moves people to induce a certain action. [1] In criminal law, motive in itself is not an element of any given crime; however, the legal system typically allows motive to be proven to make plausible the accused's reasons for committing a crime, at least when those motives may be obscure or hard to identify with.
Judges normally do not define intention for juries, and the weight of authority is to give it its current meaning in everyday language as directed by the House of Lords in R v Moloney, [1] where can be found references to a number of definitions of intention using subjective and objective tests, and knowledge of consequences of actions or omissions.
This is the mental element of the crime. A guilty mind means an intention to commit some wrongful act. Intention under criminal law is separate from a person's motive [22] (although motive does not exist in Scots law). [23] A lower threshold of mens rea is satisfied when a defendant recognizes an act is dangerous but decides to commit it anyway.
motive to commit the crime (for example, financial gain or to seek revenge) opportunity to commit the crime (including being at the crime scene at the time of the offence); persons presenting an alibi can be eliminated from suspicion; They will also establish the relationships between the victim and any potential offenders. [4]
When outcomes are achieved without the action of the individual directed at the goal, intention is not attributed to the actor; rather, the event is considered an accident. [8] Research by Astington and colleagues (1993) [9] found that 3-year-olds are skilled at matching goals to outcomes to infer intention. If another individual's goals match ...
For example, financial gain is a motive to commit a crime from which the perpetrator would financially benefit, like embezzlement. [161] As a technical term, motive is distinguished from intent. Intent is the mental state of the defendant and belongs to mens rea. A motive is a reason that tempts a person to form an intent.
Mens rea refers to the crime's mental elements of the defendant's intent. This is a necessary element—that is, the criminal act must be voluntary or purposeful. Mens rea is the mental intention (mental fault), or the defendant's state of mind at the time of the offense, sometimes called the guilty mind. It stems from the ancient maxim of ...