Sentences with phrase «prove mens rea»

The problem with this legislation, according to the court, was the potential for jail time, without the necessity of the government to prove mens rea, or some element of fault on the part of the accused.

Not exact matches

That is - if there is no proof of consent, you are guilty of the offence, if the requisite mens rea - intent - to touch them can be proved.

Most crimes can not be proven merely by committing the act — known as actus reus — but also require proof of criminal intent, known as mens rea.

It was then up to the Crown to displace this presumption by proving not only the acteus reus and mens rea of the alleged offence but also that the child charged with what had been alleged knew it was seriously wrong.

Nevertheless, besides the existence of past rulings of the CJEU regarding the minimum common meaning of mens rea on a continental scale (the most relevant one being the Intertanko judgment, case C - 308 / 06: see paras 72 - 77) which prove the opposite, the message sent by the latter Court in between the lines might be different.

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.

Thus, if the defendant was ignorant of the facts, and if the prosecutor can not prove beyond reasonable doubt that the defendant committed the crime with the required mens rea, the defendant will be found not guilty.

The crown must prove the requisite mens rea of the underlying unlawful act.

(ii) It is an offence which in one sense is easier to prove than that of handling stolen goods because the mens rea is one of «knowing or suspecting» that the property constituted or represents a benefit from criminal conduct rather than «knowing or believing» which applies in s 22, TA 1968.

For the individual to be responsible in conduct, usually the prosecuting authority had to prove an element of culpability, some sort of mens rea.