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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.
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.
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]
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.
Lewis v R, [1979] 2 S.C.R. 821 is a famous decision of the Supreme Court of Canada on the relevance of motive in a criminal trial. The Court held that motive is never an essential element of a criminal offence but can be used as evidence to prove intent.
Khalile pleaded guilty to violent disorder and attempted GBH with intent. Follow BBC Tees on X, Facebook, Nextdoor and Instagram, external. Send your story ideas to northeastandcumbria@bbc.co.uk.
Yes, it’s possible that they just want their bowl refilled with some of the best cat food, but rubbing up against you doesn’t always have an ulterior motive! Also known rather sweetly as ...
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 ...