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Motive and Mens Rea are not the same. Mens Rea is the blameworthy state of mind of the Defendant, whilst motive is just the reason and is irrevalnt in criminal liabilty. For example: D. stabs V. with the intent to kill, so he can marry his sister. The M.R 'intent to kill' is needed whilst the motive 'marry his sister' doesn't matter

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14y ago

A crime requires two essential elements. (1) a criminal act accompanied by (2) a criminal intent. Both must exist and be present at the time of the offense or a crime has not occurred.

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Q: Why do you need to distinguish between mens rea and motive?
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What part does motive play in proving criminal liability?

Motive is a highly over-used, and mis-understood word in criminal justice.It is NOT necessary for the prosecution to prove WHY you did it, it need only prove that you DID do it.The defense may attempt to show that you had some altruistic reason (motive) why you did it -- or that you had no motive at all (therefore WHAT was your motivation [Mens Rea] for doing it). It is up to the jury to decide the issue - that is why they hold trials.


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