State of maharashtra v mohd yakub the mens rea

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- State of Maharashtra v Mohd Yakub: The mens rea required to render a person liable for anattempt to commit a crime is the specific intention to commit the complete offence.Excusatory Defences- Chapter IV: defences to a criminal charge.- The effect of an excusatory defence is that it destroys blame.- The accused has no mens rea, and the excuse negates the actus reus accountability for the act.- To recognise an excuse is to judge that the particular suspect cannot be fairly held liable for theoffence.- Though the deed is wrong, the accused is excused from liability because conditions suggest thathe is not responsible for his deed.Accident:- Sec. 80: nothing is an offence which is done by accident and without any criminal intention inthe doing of the lawful act in a lawful manner by lawful means, and with proper care andcaution.- Three elements to be fulfilled:- The act was an accident or misfortune- It was a lawful act done in a lawful manner by lawful means- The act was done with proper care and caution- The act was an accident or misfortune:- Ratnam v R: To constitute a defence, the act must be unintentional and a pure accident.- Where the accused intentionally causes harm or does an act with the knowledge that it is likelyto cause harm: it is not an accident.- When the act causing it is not done with the intention of causing it and when the consequencesof its occurrence is not so probable that a person of ordinary prudence ought to take reasonableprecautions, under the circumstances in which it was done, against its occurrence.Downloaded by Nurul Nathasha ([email protected])lOMoARcPSD|3977112
- Lawful act in a lawful manner by lawful means:- R v Bradshaw: During a game, both the accused and the deceased were charging towards theball. The accused jumped into the air and struck the deceased in the stomach with the knee. Theaccused was hurt but the deceased was carried away and died the next day from a rupture of theintestines. The accused was charged with manslaughter.- Bramwell LJ: If a man is playing according to the rules and practices of the game and not goingbeyond it, it may be reasonable to infer that he is not actuated by any malicious motive orintention, and that he is not acting in a manner in which he knows will be likely to be productiveof death or injury.- R v Ong Choon: During a fight, the deceased attempted to push a knife into the appellant’schest. The appellant, while holding the deceased’s hand, was trying to get away. He asked thedeceased to throw away the knife. When the deceased refused, the appellant released thedeceased’s hand and the impact of the release was such that the deceased inflicted injuries on hisown neck from which he died. Although the fight itself was an unlawful act, the ‘accident’occurred while the appellant was doing a lawful act of trying to release himself.

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