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Answered Same Day Apr 01, 2020


Shanaaya answered on Apr 03 2020
130 Votes
Police v dANIEL eamon
[Police v dANIEL eamon]
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a) The issue in the case was the mental element and the understanding if the prosecution can establish in terms to obtain the conviction towards the statutory offenses in behaving in an offensive manner which is related to the contrary to the s7(1) of the Summary Offences Act, 1953("the Act"). the mental element as described is refe
ed to the guilty mind which is a statutory offence if necessary to prove the intent if the conviction of the necessary in terms of proving the intent or the knowledge can obtain for the statutory offence in terms of behaving in an offensive manner which is opposite to the s7(1) of the Summary Offences Act that can be considered in relation to the He Kaw Teh.
) In the He Kaw Teh v The Queen (1985) 157 CLR 523 was considered to prove of the person can be charged or not for the offensive intention3. The judgments rested upon the consideration if the decision rested upon the s31 of the Criminal Code (NT) which can highlight if the person can be excused for any criminal responsibility for a given act omission or event in terms of defining the intention or any sort of foreseen possible consequences in his conduct.
c) The high court emphasized on the matters which governs around the mental element which refers to the men's rea or guilty mind. The implications or the presumption of the guilty mind was to understand the fact the guilty mind can also be rebutted to determine if the mental element other than the voluntariness in defining the conduct of the question can be raised at the end of the manifestation towards the relevant statue. One needs to follow when the conduct can be upset or be annoyed if it is taking place or defining in terms of the members of our society which can be related and expected to take care as to ensure if the conduct cannot have any offensive or should be constituted in terms of the possible cause of disruption.
Van der Waarden, Natalie, Understanding Employment Law: Concepts and Cases (LexisNexis Butterworths, 2013)
During such course of argument if the prosecutor succeeded in the main issue highlights towards the prosecutor was made to ask if the matter can be remitted to the Magistrates Court towards which the further proceedings in the complaint and the judgment if the defendant did not pursue towards the questions in terms of defining to interpret it if it was co
ect. After which on appeal to the single court it was made that if the prosecutor can proceed to prove if the defendant can intent to act in an offensive...

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