Revision notes on Presumptions

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  • Created by: charlotte
  • Created on: 02-01-11 20:12
Preview of Presumptions

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1. Common Law applies unless made plain in an Act the law has been altered. An example of
this would be Leach v R (19 12). There was a question of whether wives could give evidence
in court against her husband under the Criminal Evidence Act, 18 98. However it did not
expressly say that this should happen, so common law still applied. The Police & Criminal
Evidence Act, 19 84, it expressly states that wives must if it is a violent crime.
2. Mens rea is required in criminal cases. This means a guilty mind meaning the person
intended to do wrong. An example of this would be Sweet v Parsley, 19 70. Case involving
tenants smoking cannabis within owner's property, by being unaware that this was
happening the owner had no mens rea & was not charged.
3. There is no Crown law. The Crown doesn't have to follow the law unless stated so within the
4. Legislation doesn't apply to past events before the law was passed.


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