In this scenario it would seem that Sherlock would have
the necessary Mens Rea but can a consulting detective be forced to solve a crime?
Not exact matches
«Nevertheless we continue to believe, as a matter of principle, that it should be
necessary to show «
mens rea» — that a taxpayer had criminal intent — before they can be convicted of a serious criminal offence such as tax evasion.
While the cached file might be in a «place» over which the computer user has control, in order to establish possession, it is
necessary to satisfy
mens rea or fault requirements as well.
As he honestly believed he was entitled to the money in law, he did not have the requisite
mens rea for theft, and because proof of theft is a
necessary pre-requisite for proof of a robbery, the defendant could not have committed a robbery.