 There is a presumption that mens rea, an evil intention, or a knowledge of the wrongfulness of the act, is an essential ingredient in every offence ; but that presumption is liable to be displaced either by the words of the statute creating the offence...  The Australian Law Times - Page 2441902Full view - About this book
 | Edward William Cox - Criminal law - 1899 - 856 pages
...eas-y to reconcile the cases on the subject, but there are many of them. The presumption is, that mens rea, an evil intention or a knowledge of the wrongfulness...words of the statute creating the offence, or by the subject-matter with which it deals, and both must be considered : (Nichols v. Hall, 28 LT Rep. 473... | |
 | Roger Gresley Woodyatt - Agency - 1900 - 224 pages
...Sherras v. de Rutzen (1895), 1 QB 918; here Wright, J., said; " There is a presumption that " Hens rea," an evil intention, or a knowledge of the wrongfulness...act, is an essential ingredient in every offence; but the presumption is liable to be displaced, either by the words of the statute creating the offence,... | |
 | Courtney Stanhope Kenny - Criminal law - 1901 - 574 pages
...many cases on the subject, and it is not very easy to reconcile them. There is a presumption that mens rea, an evil intention, or a knowledge of the wrongfulness of the act, is an essential ingredient in everv offence ; but that presumption is liable to be displaced either by the words of the statute creating... | |
 | Sir Perceval Maitland Laurence - Cape of Good Hope (South Africa) - 1903 - 360 pages
...there laid down, in the instructive judgment of Wright, J., was that " there is a presumption that mens rea, an evil intention, or a knowledge of the wrongfulness...words of the statute creating the offence or by the subjectmatter with which it deals, and both must be considered." l To say, as Dr. Kenny puts it, that... | |
 | John Dawson Mayne - Criminal law - 1904 - 1186 pages
...defendant has to prove that he did not know." Wright, J., said : " There is a presumption that mens rea, an evil intention, or a knowledge of the wrongfulness...words of the statute creating the offence, or by the subject-matter with which it deals, and both must be considered." " The principal classes of exceptions... | |
 | Charles Joseph Haworth - Water - 1906 - 212 pages
...LJMC 218 ; 72 LT 839 ; 59 JP 440. The learned judge there said : " There is a presumption that mens rea, an evil intention, or a knowledge of the wrongfulness...words of the statute creating the offence, or by the subject"matter with which it deals, and both must be considered (Nichol v. Hall, LR 8 CP 322)." After... | |
 | Criminal law - 1908 - 634 pages
...that a knowledge of the wrongfulness of the act is an ingredient in every offence, says, at page 921, "that presumption is liable to be displaced either...words of the statute creating the offence or by the subject-matter with which it deals, and both must be considered: Nichols v. Hales (1873), LR 8 CP 322.... | |
 | Criminal law - 1909 - 596 pages
...or half breeds. In the case above mentioned, Wright, J., says: — "There is a presumption that mens rea, an evil intention, or a knowledge of the wrongfulness...ingredient in every offence, but that presumption >s liable to be displaced either by the words of the statute creating the offence, or by the subject... | |
 | R. M. Hennessy - Justices of the peace - 1910 - 1040 pages
...essential ingredient in every criminal offence. This presumption, however, is liable to be displaced rade description is a trade mark, or part of a trade mark, subject-matter with which it deals." In all cases where there must be a mens rea — -a criminal intent... | |
 | Criminal law - 1914 - 556 pages
...creating aji offence against public order and punishable as a crime there is a presumption that metis rea, an evil intention, or a knowledge of the wrongfulness of the act, is an essential ingredient until met by clear and definite enactment overriding such presumption. [Sherras v De Rutzen, [1895]... | |
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