Not exact matches
I am a gentle
man with a good heart... I am an honest and sincere
man, mature with sense of humor, easy to get along with... I like to
make people laugh and people say i am generous... I am passionate, affectionate and highly romantic... I am a good kisser and a good lover... I am here to meet someone
rea...
However, he was of the view that the «
making available» offence required some «positive facilitation» of access to the pornography, which Mr. Spencer had not done, and further he believed Mr. Spencer's evidence that he did not know that others could access his folder so that the fault element (
mens rea) of the offence had not been proved.
Nevertheless, I would expect that in addressing the question of whether a person had in fact
made a copy that they would look at the mental state of the individual, looking for
mens rea.
«Specifically, the
mens rea is that the threatening utterances
made must be meant to intimidate or to be taken seriously» (para 137).
«I recall
making a strategic error in Magistrates» Court when, in addressing the Bench, I argued that the case should be dismissed because the prosecution had failed to disclose any evidence of
mens rea, probably the most basic concept of criminal law.