By Noel Cross

This obtainable textual content allows criminology and legal justice scholars to appreciate and significantly review the felony legislations, within the context of felony justice and wider social matters. The ebook explains legal legislations comprehensively, protecting either common ideas and particular varieties of legal offence. It examines legal legislation in its social context, in addition to contemplating the way it is utilized by the felony justice strategies and companies which implement it in perform. it's observed via a significant other site which includes a variety of assets for teachers and scholars.

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The criminal law has stated that D’s good motive is irrelevant as long as they have the intent required, so that D would still be guilty if they intentionally committed a crime for a good reason. In Yip Chiu-Cheung v R [1995] 1 AC 111, it was decided that an undercover police officer, if he had been prosecuted, would have been guilty of conspiracy because he had planned to smuggle drugs with D, even though the police officer only did this in an attempt to trap and arrest D in the act of smuggling the drugs (see also Sood [1998] EWCA Crim 254).

4 Using an Internet statute database, find five other offences which require negligence as mens rea. Do you agree that all of the offences that you have found should have this type of mens rea? Mens Rea and Criminal Justice Example I: mens rea and the court trial process This section uses the example of the pre-sentence court process, and how it operates, to show how mens rea works in practice. qxp 03/11/2009 3:42 PM Page 39 Mens rea 39 Woolmington v DPP [1935] AC 462 that defendants in the court process are innocent until proven guilty beyond reasonable doubt using evidence of their responsibility for an offence in court, and that everyone is treated equally under court justice.

Negligence is about what D does not think about rather than what D does. In other words, negligence is about an objective standard of behaviour, which D falls below and is liable for a criminal offence as a result. It was not formerly used as the mens rea for crimes, except for particular categories of offence, such as some driving offences and gross negligence manslaughter. But in recent times, as Clarkson (2005: 74) points out, negligence has been used as the mens rea for an increasingly wide range of crimes, especially offences that have become statutory, such as rape under the Sexual Offences Act 2003, and new statutory offences, such as harassment under the Protection from Harassment Act 1997.

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