| 翻訳と辞書 |
Knowledge (legal construct)
In law knowledge is one of the degrees of ''mens rea'' that constitute part of a crime. For example, in English law, the offence of knowingly being a passenger in a vehicle taken without consent (TWOC) requires that the prosecution prove, not only that the defendant was a passenger in a vehicle and that it was taken by the driver without consent, the prosecution must also prove that the defendant knew that it was taken without consent.〔Theft Act 1968, s.12〕
Under the principle of ''ignorantia juris non excusat'', ignorance of or mistake about the law is no defence. The ''mens rea'' of knowledge refers to knowledge about certain facts. It is "a positive belief that a state of affairs exists."〔Herring (2004) ''p.''170〕
Knowledge can be actual, constructive, or imputed.
==Actual knowledge==
A defendant does not have actual knowledge if he believes something to the contrary. The standard is subjective and the belief of the defendant need not be reasonable, only honest.〔Herring (2004) ''p.''171〕 For example, in ''R v. Williams''〔() 3 All ER 411, CA (England)〕 the defendant intervened in what he thought was a mugging but was in fact a citizen's arrest. His mistake was upheld as a defense against a charge of assault. In ''Beckford v. R''〔() 3 All ER 425, (UK Privy Council)〕 the defendant was a police officer who shot and killed V. Beckford claimed that he believed that V was shooting at him. It was found that the correct test was whether D "honestly believed" facts which, if true, would establish a defence. The reasonableness of the belief would be evidential in finding whether it was truly believed.
抄文引用元・出典: フリー百科事典『 ウィキペディア（Wikipedia）』
■ウィキペディアで「Knowledge (legal construct)」の詳細全文を読む
スポンサード リンク
| 翻訳と辞書 : 翻訳のためのインターネットリソース |
Copyright(C) kotoba.ne.jp 1997-2016. All Rights Reserved.
|
|