Mens Rea in UK Law
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Warner v Metropolitan Police Commissioner; R v Warner
... ... Gibb [1966] 3 W.L.R. 84 holding that this was an absolute offence for which mens rea was not necessary ... 2 I understand that this is the first case in which this House has had to consider whether a statutory offence is an ... ...
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Sweet v Parsley
... ... But such cases are very rare. Sometimes the words of the section which creates a particular offence make it clear that mens rea is required in one form or another. Such cases are quite frequent. But in a very large number of cases there is no clear indication either way ... ...
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R v Majewski
... ... in R. v. Tolson (1889) 23 Q.B.D. 168 at p. 181 called "the somewhat uncouth maxim actus non " facit reum, nisi mens sit rea ". The judgment of Stephen J. in that case has long been accepted as authoritative. He said (at page 185): "Though this ... ...
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R v Jogee
... ... They therefore lacked the mens rea to be guilty as accessories ... 17 Secondary liability does not require the existence of an agreement between the ... ...
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DPP for Northern Ireland v Lynch
... ... on what basis can duress be raised? If someone acts under duress—does he intend what he does? Does he lack what in our criminal law is called mens rea? If what he does amounts to a criminal offence ought he to be convicted but be allowed in mercy and in mitigation to be absolved or relieved ... ...
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R v Lambert
... ... There are other cases where the defence is so closely linked with mens rea and moral blameworthiness that it would derogate from the presumption to transfer the legal burden to the accused, e.g. the hypothetical case of ... ...
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R v Powell (Anthony Glassford); R v English (Philip); R v Daniels (Antonio Eval)
... ... secondary party to a criminal enterprise should only be guilty of a murder committed by the primary offender if the secondary party has the full mens rea sufficient for murder, i.e. an intent to kill or to cause really bodily harm. Their arguments fell into three parts, namely (1) that there is a ... ...
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R v Lawrence (Stephen)
... ... Is mens rea involved in the offence of driving recklessly? 2. If yes, what is the mental element required? 3. Is the following on a ... ...
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Alphacell Ltd v Woodward
... ... In my opinion, complication of this case by infusion of the concept of mens rea , and its exceptions, is unnecessary and undesirable. The section is clear, its application plain. I agree with the majority of the Divisional ... ...
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Tesco Supermarkets Ltd v Nattrass
... ... There was a presumption that when Parliament makes the commission of certain acts an offence it intends that mens rea shall be a constituent of that offence whether or not there is any reference to the knowledge or state of mind of the accused. And it was and is ... ...
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