comte
JF-Expert Member
- Dec 11, 2011
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- #41
It may be noted that mens rea as such is not punishable. Thus if A has intention to kill B, A cannot be brought to the court on that ground; some act has to be done by A e.g., if A is discovered with a loaded gun in the compound of B, then A has done some act and he may be guilty. There are some exceptions to the general rule that intention as such is no crime, e.g. intention to commit some treason (crime against State) or conspiracy to commit a crime.kwenye jinai ni vitu 2 tu ndugu yangu- mens rea and actus reus - hebu dadavua hizo kwanza tuone kama watafungwa. Vnginevyo ni hearsay tu...
soma hii tena
Treason
We affirm that not only have there been laws criminalizing purely mental activity in history, there are in fact still two such laws in force today, one in the United Kingdom, the Treason Act 1351,Footnote5 and one derived from it, a Malaysian law.Footnote6 Until very recently the Singaporean Penal Code contained a similar provision, but this was changed in 2019.Footnote7 (There are other superficially similar laws, such as the Kenyan Penal Code,Footnote8 the Criminal Consolidation Act 1935 of South Australia,Footnote9 and the Crimes Act 1900 of New South Wales,Footnote10 in other parts of the Commonwealth that are based instead on the Treason Felony Act 1848 (11 & 12 Vict c 12). Other common-law jurisdictions have had similar laws in the past, e.g. Western Australia.Footnote11) The Treason Act 1351 was the first Act in England to define the offence of treason,Footnote12 which had been thitherto an offence at common law (in fact, the Act is frequently said to be declaratory of the common lawFootnote13). The Act declared that treason was committed whena man doth compass or imagine the death of our lord the King, or of our Lady his Queen, or of their eldest child and heir […] and thereof be provably attainted of open deed by the people of their condition.