Younghusband v Luftig
1949 · 2 KB 354
Posted By lanbuk.com
- Facts
- The case is a prosecution under the Medical Act about the use of a professional title. It is cited here for a sentence of Lord Goddard on the structure of a crime.
- Issue
- What are the elements that the prosecution must prove?
- Held
- Lord Goddard described the and the as the cardinal doctrine of the criminal law.
- Principle
- A requires both the external element and the mental element.
- Why it matters
- It is the short authority for the two-element analysis used in Sierra Leone.
Words and Latin in this note
- Actus reus
- The physical part of a crime: the act, the circumstances, and in a result crime the consequence. It does not include the state of mind. It must be voluntary, unless the offence is one of the rare status crimes. Open the 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.