Abdul Mucktarr v R
1967-68 · ALR (S.L.) 366 (1967-68)
Posted By lanbuk.com
- Facts
- A police constable received money from a friend who had committed a burglary.
- Issue
- Was the jury properly directed?
- Held
- No. The jury had to be directed on guilty knowledge and felonious intent. The was quashed.
- Principle
- A clear direction on the mental element is essential in receiving cases.
- Why it matters
- Shows how misdirection on defeats a conviction.
Words and Latin in this note
- Mens rea
- The mental element in the definition of a crime. It is not one standard. Intention is the highest form. Recklessness is below it. Gross negligence sits at the bottom. The definition of the particular crime decides which is required. Open the note.
For study only. By lanbuk.com. Always check current sources and consult a qualified professional.