Maxim 7.1.28
The will and the proposed end distinguished crimes.
Source: Bract. fol. 2b, 136b; 2 Inst. 57; Weisman, 26u
Difficulty 3/5 — Intermediate
Explanation
(English-origin maxim.) Criminal intent and the intended object distinguish one crime from another — the same physical act may constitute different offenses depending on the purpose behind it.
Where this applies
- Two men punch someone in a bar fight — one intended to kill, the other just wanted to shove him away, so one is charged with attempted murder and the other with simple battery.
- A person who sets fire to a building to collect insurance is charged with arson for profit, while someone whose careless campfire spreads to the same kind of building faces a different, lesser charge.
- A pharmacist who deliberately sells fake medicine is charged with fraud, while one who accidentally dispenses the wrong pills faces a negligence charge — same result, different crime because of intent.
Cite this maxim
NeCede Max. 7.1.28 — The will and the proposed end distinguished crimes. — Bract. fol. 2b, 136b; 2 Inst. 57; Weisman, 26u
Found an error? Suggest a correction →