Fowler v Padget
1798 · 7 TR 509
Posted By lanbuk.com
- Facts
- The case is an old bankruptcy prosecution. It is cited for Lord Kenyon's statement that the mind and the act must meet.
- Issue
- Must the guilty mind and the act exist together?
- Held
- Lord Kenyon said it is a principle of that the intent and the act must concur to constitute the crime.
- Principle
- A later, or an earlier, state of mind does not do duty for a mental element at the time of the act, apart from the Dutch-courage exception.
- Why it matters
- The concurrence rule starts here.
Words and Latin in this note
- Natural justice
- Two rules of fair procedure: no one should be a judge in his own cause, and each side must be heard. Open the note.
For study only. By lanbuk.com. Always check current sources and consult a qualified professional.