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principal offence; and 2) that he knew the essential matters which constitute the principal offence. Knowledge of the essential matters of the offence means that the prosecution

necessity 357 7.2.3 7.2.3 Medical cases Medical cases 358 7.2.4 7.2.4 Non-medical cases: self-help and direct action Non-medical cases: self-help and direct action 364

required in one form or another. Such cases are quite frequent. But in a very large number of cases there is no clear indication either way. In such cases there has for centuries been a

judge dismissed the case after a defence submission of no case to answer and the Director of Public Prosecutions (DPP) appealed to the High Court by way of case stated. The High Court

It is quite apparent from these cases that there is no definitive test of foresight of the essential facts/circumstances of P’s case. It might be thought that this is too low

specific provision for cases involving householders (see 14.2.5 Cases involving householders 14.2.5 ). Section 76(6) deals with cases other than householder cases. Statute Section

application of the presumption in this case. The purpose of the section is, of course, to protect children. An age ingredient was therefore an essential ingredient of the offence. This factor

Another way of putting it is that mens rea being now an essential ingredient in manslaughter … this could not in the present case be established in relation to the first ground except

[1986] AC 27, 38–39; but in that case Lord Bridge was dealing with a different situation from that which exists in the present case. There may be many cases in which undercover police officers

having regard to the authorities on GNM, it was an essential requirement of any potential basis for conviction (in omissions cases) that D was under a duty to act. The duty necessary

workers and other essential workers. The Director of Public Prosecutions warned that the CPS would prosecute people who used coronavirus to threaten emergency and essential workers. Such

offence with MR. This also applies to defences. In most cases, the prosecution will have the burden of proving the essential elements of the offence (AR and MR) but also that the defendant

term. The leading case on the meaning of possession is the House of Lords’ decision in Warner v Metropolitan Police Commissioner [1969] 2 AC 256. This is a case which was decided

conduct and the killing negated the spontaneity which was essential for the old defence of provocation. This was recognised in the case law on provocation. In Duffy (1949), Lord Devlin stated

recent case of Attorney General’s Reference (No 1 of 2020) , the Court of Appeal, citing Lane and Letts , stated: 106 There is a presumption that mens rea is an essential ingredient

clarification of the rules of criminal liability through judicial interpretation from case to case, provided that the resultant development is consistent with the essence of the offence

[1994] 1 WLR 689. In my view the ruling in that case was based on principled and cogent reasoning and it marked a sound and essential clarification of the law. I would hold that ‘bodily

of the essential elements of P’s offence. 252 Knowledge in this context was equivalent to D foreseeing (or in some cases turning a blind eye to) the likelihood of the essential matters

requirement that it [murder] should be a voluntary act is essential, not only in a murder case, but also in every criminal case. No act is punishable if it is done involuntarily: and an