Important Differences Between Common Intention and Common Object

Common Intention

Common intention, also known as “common purpose,” is a concept in criminal law that refers to the shared mental state of two or more people who participate in a criminal act with a common plan or objective.

To establish common intention, it must be shown that each participant in the crime had a shared understanding and agreement to commit the crime. This can be demonstrated through evidence such as statements, actions, or behavior that show coordination between the participants. For example, if two people plan to rob a bank together and they both know and agree on the plan, they have a common intention.

In legal terms, common intention is an essential element of many crimes such as conspiracy, abetment, and aiding and abetting. If two or more people have a common intention to commit a crime and one of them actually commits the crime, then all of the participants can be held responsible for the crime. Therefore, common intention is an important factor in determining the level of criminal liability of each person involved in a crime.

Examples of Common Intention

Here are some examples of common intention in criminal law:

• Two people plan to rob a bank together. They discuss the details of the crime and agree to split the money evenly. They have a common intention to commit the crime.
• A group of people plan to vandalize a public building. They discuss the details of the crime and agree to meet at a specific time and place. They have a common intention to commit the crime.
• Two people plan to sell illegal drugs together. They discuss the details of the transaction and agree to split the profits evenly. They have a common intention to commit the crime.
• A group of people plan to attack a rival gang member. They discuss the details of the attack and agree to use weapons. They have a common intention to commit the crime.

Types of Common Intention

In criminal law, there are two types of common intention:

1. Express common intention: This occurs when the participants in a crime explicitly discuss and agree to carry out the criminal act. For example, two people may have a conversation about robbing a bank and agree to carry out the crime together.
2. Implied common intention: This occurs when the participants in a crime do not explicitly discuss or agree to carry out the criminal act, but their actions or conduct indicate that they shared a common intention. For example, if two people enter a bank together, one of them pulls out a gun and demands money while the other keeps watch, their conduct implies a shared intention to commit the crime.

Objectives of Common Intention

The objectives of the concept of common intention in criminal law are:

• To hold all participants in a crime accountable: Common intention allows for all participants in a criminal act to be held accountable for their actions, even if one person carried out the crime. This is because all participants are considered to have shared a common intention to commit the crime.
• To deter criminal conduct: The concept of common intention serves as a deterrent for criminal conduct by making it clear that all participants in a crime will be held accountable, regardless of their individual level of involvement in the crime. This helps to discourage individuals from engaging in criminal conduct with others.
• To ensure fairness and justice: Common intention ensures fairness and justice in the legal system by holding all participants in a crime equally responsible for their actions. This helps to ensure that those who participate in a crime are held accountable for their actions and that innocent individuals are not punished for the actions of others.
• To aid in the prosecution of complex cases: Common intention can be helpful in the prosecution of complex cases, where it may be difficult to prove the individual actions of each participant in a crime. By holding all participants accountable under the concept of common intention, it becomes easier to prosecute complex cases involving multiple individuals.

Natures of Common Intention

The nature of common intention in criminal law can be described in the following ways:

• Mental state: Common intention is a mental state and refers to the shared understanding and agreement among two or more people to commit a crime. It is an element of many crimes such as conspiracy, abetment, and aiding and abetting.
• Joint liability: Common intention creates joint liability among the participants in a crime. If two or more people have a common intention to commit a crime and one of them actually commits the crime, then all of the participants can be held responsible for the crime.
• Shared purpose: Common intention requires a shared purpose or plan among the participants in a crime. They must all have the same understanding and agreement to commit the crime.
• Evidence: Common intention can be established through evidence such as statements, actions, or behavior that show coordination between the participants. This evidence can be used to prove the shared mental state of the participants.
• Criminal liability: Common intention is an important factor in determining the level of criminal liability of each person involved in a crime. It is used to determine the guilt or innocence of each participant in a crime and the level of punishment that each person should receive.

Common Object

In criminal law, the term “common object” refers to the shared goal or purpose among a group of people in committing a crime. The common object is the particular criminal act that the group has agreed to commit. This shared goal or purpose can be either expressed or implied.

The common object is an important element in certain crimes such as rioting, unlawful assembly, and criminal conspiracy. In such cases, it is not necessary for each member of the group to have committed the actual crime. Instead, the prosecution must prove that the group had a common object, which was the commission of the crime.

For example, in a case of rioting, it is not necessary to prove that each member of the group committed a violent act. Instead, the prosecution must prove that the group had a common object to use violence or force against a particular individual or group of individuals.

Examples of Common Object

Here are some examples of crimes where the concept of common object is relevant:

• Rioting: A group of individuals who engage in violent behavior with a common object of using force against a particular individual or group of individuals.
• Unlawful assembly: A group of individuals who gather together with a common object of committing a crime, such as looting or vandalism.
• Criminal conspiracy: A group of individuals who agree to commit a crime, such as drug trafficking or fraud, with a common object of achieving their criminal objective.
• Armed robbery: A group of individuals who use weapons to commit a robbery with a common object of stealing property from the victim.
• Murder: A group of individuals who plan and carry out a murder with a common object of causing the death of the victim.

Types of Common Object

In criminal law, there are two types of common object that can be used to establish the criminal liability of a group of individuals who have committed a crime together. These are:

1. Express common object: An express common object is one that is explicitly stated by the members of the group. This can be in the form of verbal or written communication, such as a group agreement or plan. An example of an express common object would be a group of individuals agreeing to commit a robbery and discussing the details of how they will carry out the crime.
2. Implied common object: An implied common object is one that is inferred from the conduct of the members of the group. This can be established through circumstantial evidence, such as the actions and behavior of the group. An example of an implied common object would be a group of individuals who gather together and start throwing rocks at a building, indicating a common object of committing an act of vandalism.

Objectives of Common Object

The objectives of the common object in criminal law are to establish the shared purpose or goal of a group of individuals who have committed a crime together and to determine the criminal liability of each member of the group. The common object is an important element in certain crimes such as rioting, unlawful assembly, and criminal conspiracy.

The objectives of the common object are as follows:

• Establishing shared purpose or goal: The common object helps to establish the shared purpose or goal of a group of individuals who have committed a crime together. This shared purpose or goal is necessary to prove that the group acted together with a common intention to commit the crime.
• Determining criminal liability: The common object is used to determine the criminal liability of each member of the group. If the group had a common object to commit a crime, each member of the group can be held criminally liable for the crime, even if they did not personally commit the act.
• Ensuring accountability: The common object helps to ensure accountability for the actions of the group. By establishing the shared purpose or goal of the group, it ensures that all members of the group are held accountable for their actions.
• Preventing future crimes: The common object helps to prevent future crimes by deterring individuals from joining groups with a common object to commit a crime. If individuals are aware that they can be held criminally liable for the actions of a group, they may be less likely to join such groups.

Nature of Common Object

The nature of the common object in criminal law is that it is a shared goal or purpose that is held by a group of individuals who have committed a crime together. The common object is an important element in certain crimes such as rioting, unlawful assembly, and criminal conspiracy.

The nature of the common object is as follows:

• Shared purpose or goal: The common object is a shared purpose or goal that is held by a group of individuals who have committed a crime together. This shared purpose or goal is necessary to prove that the group acted together with a common intention to commit the crime.
• Collective responsibility: The common object is based on the principle of collective responsibility, which means that each member of the group can be held criminally liable for the actions of the group, even if they did not personally commit the act.
• Subjective element: The common object requires a subjective element, which means that the members of the group must have a shared intention to commit the crime. This intention can be expressed or implied through the conduct of the group.
• Evidence-based: The common object is established based on the evidence presented in a case. This evidence can be in the form of verbal or written communication, circumstantial evidence, or other forms of evidence that prove the shared purpose or goal of the group.

Important Differences Between Common Intention and Common Object

Here are the important differences between common intention and common object presented in a table format:

Key Differences Between Common Intention and Common Object

Here are key differences between common intention and common object:

1. Nature: Common intention is a shared intention to commit a crime, while common object is a shared goal or purpose held by a group of individuals who have committed a crime together.
2. Types of crimes: Common intention is used in crimes such as murder, abetment, and theft, while common object is used in crimes such as rioting, unlawful assembly, and criminal conspiracy.
3. Requirement: Common intention requires prior planning or an agreement between the individuals involved in committing the crime, while common object requires a shared purpose or goal that is inferred from the conduct of the group.
4. Evidence: Common intention is often established through evidence of pre-planning or agreement, such as communication, conduct, or other circumstances, while common object is established through evidence of shared purpose or goal, such as verbal or written communication, circumstantial evidence, or other forms of evidence.
5. Liability of individuals: In common intention, each individual is held liable for the crime committed, regardless of their level of involvement, while in common object, each individual is held liable for the crime committed only if they shared the common object and participated in the crime.
6. Intent: Common intention requires a subjective intent, meaning that the individuals must have shared the same intention to commit the crime, while common object also requires a subjective intent, meaning that the group must have had a shared purpose or goal to commit the crime.

Similarities Between Common Intention and Common Object

While there are several differences between common intention and common object, there are also some similarities. Here are some of the similarities:

1. Shared purpose: Both common intention and common object involve a shared purpose or goal among a group of individuals.
2. Participation in a crime: Both common intention and common object are used to establish the criminal liability of each member of a group that has committed a crime together.
3. Subjective intent: Both common intention and common object require a subjective intent, meaning that the individuals or group must have had a shared purpose or goal to commit the crime.
4. Liability of individuals: In both common intention and common object, each member of the group is held liable for the crime committed, but the level of involvement and participation may affect the degree of liability.
5. Legal concept: Both common intention and common object are legal concepts used in criminal law to establish the criminal liability of individuals who have committed a crime together.

Conclusion Between Common Intention and Common Object

In conclusion, common intention and common object are legal concepts used in criminal law to establish the criminal liability of individuals who have committed a crime together. Common intention is a shared intention to commit a crime, while common object is a shared goal or purpose held by a group of individuals who have committed a crime together. Both common intention and common object require a shared purpose or goal among the group, subjective intent, and the participation of each member in the crime. However, there are also differences between the two concepts in terms of their application, requirements, and evidentiary standards. It is important to understand the differences between common intention and common object to properly establish criminal liability and ensure fair and just legal proceedings.