Whitehouse v Lemon
1979 · AC 617
Posted By lanbuk.com
- Facts
- Gay News published a poem that described acts of a sexual character upon the body of Christ. The editor and the publishers were charged with blasphemous .
- Issue
- Must the prosecution prove an intent to blaspheme?
- Held
- The majority of the House of Lords held that it need not. The mental element is an intention to publish the words. It is then for the court whether the words are blasphemous.
- Principle
- Blasphemy, as stated here, does not require an intention to outrage. It requires an intention to publish words that are held to be blasphemous.
- Why it matters
- It is the common-law illustration of an offence in which part of the definition does not require .
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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