Criminal Law: Mens Rea and motive essay help?

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Ryan2304
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Hi everyone,

I am a first year law student and have currently sat down and released I'm not entirely sure how to approach my 2000 essay...

The question is based around mens rea and motive.

If anyone could help it would be much appreciated.
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lawobiter
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What exactly is it asking? Are you to analyse how mens rea is applied in criminal law? Is there a specific crime involved?
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Ryan2304
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In the present case, itis plain that when the accused entered the shop, presented the handgun at MrsDaly and uttered the words which he did, he was acting deliberately. That beingso, in my opinion, he had the necessary intent for his actions to amount toassault, and his motive for acting as he did was irrelevant.
(Lord Advocate’s Ref (No. 2 OF 1992) 1993SLT 460, 1993 JC 43; [1992] ScotHC HCJ 1; 1992 SCCR 960, per Lord Justice-Clerk (Ross))Consider and explain the significance of motive and mens rea in the development of criminalliability in Scots law.
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yastyb
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(Original post by Ryan2304)
In the present case, itis plain that when the accused entered the shop, presented the handgun at MrsDaly and uttered the words which he did, he was acting deliberately. That beingso, in my opinion, he had the necessary intent for his actions to amount toassault, and his motive for acting as he did was irrelevant.
(Lord Advocate’s Ref (No. 2 OF 1992) 1993SLT 460, 1993 JC 43; [1992] ScotHC HCJ 1; 1992 SCCR 960, per Lord Justice-Clerk (Ross))Consider and explain the significance of motive and mens rea in the development of criminalliability in Scots law.
I don't know about scots law but under English law, motive must be dissociated from mens rea. The main reason for that is that when determining whether a person has mens rea we look at his state of mind while committing the act. It is perfectly immaterial what his motives were. Motive is generated before the act, often far back, and so may be of some probative value, but what grounds liability in criminal law is the state of mind at the time D pulled the trigger or wtv. That's one way of approaching the question. Another is speaking of motive as a mitigating factor. His motive to commit the crime was to feed the poor guy down the road. This doesn't of course negate criminal liability unless the motive was to defend himself from harm (or to do one of the many things which would negate liability). Strictly speaking these would be circumstances generating a motive forcing a person to act in a specific way. I'd suggest you look at the doctrine of criminal liability in careful detail and consider motive as either a aggravating factor or a mitigating factor.
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jb1717
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hi i could really use anyones help im a university student studying business and finance , however stupidly they have a made us do a business law model , which TBH , i havent gone to the lectures , so could anyone make this a bit more easier to understand c

critically evaluate, in relation to the common law duty of care, the liability of employers for references. How, if at all, does the liability of a university (such as the University of Sussex) differ regarding references given to potential employers in respect of current (or former)students.
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lawgirlfromspain
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(Original post by Ryan2304)
Hi everyone,

I am a first year law student and have currently sat down and released I'm not entirely sure how to approach my 2000 essay...

The question is based around mens rea and motive.

If anyone could help it would be much appreciated.
Don't think Rhonda will be happy about this one:eek:
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