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constructive malice [1 record]

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Record 1 2014-05-15

English

Subject field(s)
  • Offences and crimes
CONT

Constructive malice: the trial judge ruled that there was no defence to the charge of murder once the parties were found engaged in a common purpose to use some violence to resist arrest. The mens rea (Latin for "guilty mind") of murder then included: (1) an intent to commit any felony whatever, and (2) an intent to oppose by force any officer of justice ... in ... the execution of [his duty] provided the offender has notice that the person killed is such an officer so employed ...

French

Domaine(s)
  • Infractions et crimes

Spanish

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