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FOUNDATIONAL ELEMENTS OF A CRIME

R v. kennedy [2007] UKHL 38

ISSUE:

Whether the victim's act in self injecting the injection was an intervening act such as to break the chain of causation?

RULE:

The criminal law generally assumes the existence of free will. The law recognizes certain exceptions, in the case of the young, those who for any reason are not fully responsible for their actions, and the vulnerable, and it acknowledges situations of duress and necessity, as also of deception and mistake. But, generally speaking, informed adults of sound mind are treated as autonomous beings able to make their own decisions how they will act, and none of the exceptions is relied on as possibly applicable in this case.

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CONCEPTS

State of Maharashtra v. M. H. George AIR 1965 SC 722

ISSUE:

Whether the respondent could be held guilty of smuggling gold even though he had no intention to do it?

RULE:

A person may be convicted of an offence independently of any wrongful intent and such offences are termed as offences of Strict Liability. It will be no defence to an accused that he had honestly believed, in good faith in the existence of facts which would have rendered his conduct innocent.

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CONCEPTS

Nathulal v. State of M.P AIR 1966 SC 43

ISSUE:

Whether under Section 7 of the Act, a factual non-compliance of the Order by a dealer will amount to an offence thereunder, even if there is no mens rea on his part?

RULE:

An intention to offend the penal provisions of a statute is normally implicit, however, comprehensive or unqualified the language of the statute may appear to be, unless an intention to the contrary is expressed or clearly implied, for the general rule is that a crime is not committed unless the contravener has mens rea.

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