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Blamps
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#1
Report Thread starter 16 years ago
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I was just wondering if anybody could help me out with this question that I have got to answer on a susposed questionnaire (exam) for my UCL Law interview tomorrow.

"Distinguish between intention, desire and motive" ..I am sure some of you will say, look in the dictionary but the point is to actually distinguish between them if you get what I mean
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PQ
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Report 16 years ago
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(Original post by Blamps)
I was just wondering if anybody could help me out with this question that I have got to answer on a susposed questionnaire (exam) for my UCL Law interview tomorrow.

"Distinguish between intention, desire and motive" ..I am sure some of you will say, look in the dictionary but the point is to actually distinguish between them if you get what I mean
Intention is what you plan to do
Desire is what you *want* to do
Motive is why you do it
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Blamps
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Report Thread starter 16 years ago
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(Original post by Pencil Queen)
Intention is what you plan to do
Desire is what you *want* to do
Motive is why you do it
could you see desire as a motive in itself tho? I suspose that is pretty clear cut anyway...thanks
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Sam2k
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Report 16 years ago
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(Original post by Blamps)
could you see desire as a motive in itself tho? I suspose that is pretty clear cut anyway...thanks
motive can be desire and desire can be a motive.
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Baby_Angelz
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(Original post by Blamps)
"Distinguish between intention, desire and motive" ..I am sure some of you will say, look in the dictionary but the point is to actually distinguish between them if you get what I mean
A bit of history here.. There are 2 limbs to Criminal Law, Actus Reus and Mens Rea.
Actus Reus = State of Affairs / Conduct (i.e. falsifies an account or document)
Mens Rea = State of Mind
Both must be proven beyond reasonable doubts (Woolmington v DPP) nisi in a strict liability offence (usually statutory offences) where the accused is convicted based on Actus Reus alone.

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Intention, in the legal context, is the deliberate desire to bring about a consequence. It is the fundamental element of mens rea. (I would be inclined to think that intention and desire run along the same line)

Intention is further divided into two branches, Direct Intent and Oblique (indirect) Intent.

Direct Intent : D deliberately intends or desires the consequence.

Oblique (Indirect) Intent: D does not desire consequence but Consequence is a virtual certainty & D foresaw it. The cardinal case being R v Woollin where D lost his temper & threw the baby to death. The jury are entitled to find intention if D foresaw that consequence is a virtual certainty.

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As for motive, it is the reason for doing something. It cannot prove the Men Reas as well as justifies for one's innocence nor legal guilt. However, a good motive is persuasive for mitigating a punishment upon conviction and on the other hand, a bad motive may provide circumstantial evidence that the defendant commited the crime he is charged with.

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I really hope all these will come in handy for you.
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