The Weekly Notes, New South Wales Volume 11-13 - Bookswagon
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The Weekly Notes, New South Wales Volume 11-13

The Weekly Notes, New South Wales Volume 11-13


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About the Book

This historic book may have numerous typos and missing text. Purchasers can usually download a free scanned copy of the original book (without typos) from the publisher. Not indexed. Not illustrated. 1895 edition. Excerpt: ...the dangerous character of the goods; in fact, had been misinformed as to them. In R. v. Cohen (8 Cox C.C. 41) the Court held that the word possession implied knowingly in possession. In R. v. Sleep (ib. 492) Coclcburn, C.J., said that it must be taken that the defendant was ignorant that the goods were marked with the broad arrow. _So in Sherras v. De Rutzen (previously referred to) the defendant believed that the constable to whom he gave the drink was off duty, he being without his armlet and having every appearance of being off duty. Lord Eaher (then Brett, J.), the sole dissentient in R. v. Prince, cites some of the above cases and others in support of his view that the prisoner should not be convicted; some I have already mentioned, others were cases of acquittal on the ground of a claim of right; he sums up in these words: -- Upon all the cases I think it is proved that there can be'no conviction for crime in England in absence of a criminal mind or mens rea. But in that case he was the one dissentient among 16 Judges. I ask can this broad statement of the law be supported? Now let me consider what is the absence of the mens rea contended for here. In contrast with the cases to which I have referred, his excuse is, I am not morally guilty because I thought that, having a verbal consent, there was no harm in knowingly contravening the provisions of the Act. His plea is with reference to a matter entirely collateral to the Act. Suppose a publican in England was charged with supplying liquor to a constable on duty, and made this defence, that a superintendent of police authorised him to give it to him, he would be as morally innocent as the plaintiff in this case, but I...


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Product Details
  • ISBN-13: 9781234176181
  • Publisher: Rarebooksclub.com
  • Publisher Imprint: Rarebooksclub.com
  • Height: 246 mm
  • No of Pages: 494
  • Spine Width: 25 mm
  • Width: 189 mm
  • ISBN-10: 1234176181
  • Publisher Date: 15 Jan 2013
  • Binding: Paperback
  • Language: English
  • Returnable: N
  • Weight: 875 gr


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