Regina v Manni, ex parte Attorney-General
1957-60 · ALR (S.L.) 354 (1957-60)
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- Facts
- Members of a political party executive published material about a pending sedition trial of one of their leaders.
- Issue
- Was absence of intent to prejudice a defence?
- Held
- No. need not be proved; its absence is a strong point in .
- Principle
- The superior courts punish under their inherent , without proof of intent.
- Why it matters
- Also sets out the of attachment procedure.
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.
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