CRI205H1 Study Guide - Final Guide: Mens Rea, Corporate Liability
6 Feb 2018
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Document Summary
Intention and motive are two concepts that are closely connected with our actions. Intention is the aim or purpose of an action whereas motive is the reason behind an action: the degrees of objective mens rea. With an objective mens rea we are not interested in what the defendant was thinking. Unless, further context is required (speci cally dealing with diminished capacities and/or a defence. ) Again, we are only concerned with the quality of the behaviour. We compare it with others" standards was it dangerous, careless, etc We are focussing on how the behaviour compares to an objective standard. It is much easier to rely on a concept of reasonableness, than it is to determine a particular person"s intention. The reasonable person is not an average person. What the average person" thinks or might do would be irrelevant in a case where a police of cer is accused of acting negligently.
