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R v Steane [1947] KB 997

By Oxbridge Law TeamUpdated 04/01/2024 07:03

Judgement for the case R v Steane

Table Of Contents

  • A British citizen lived in Germany before the war. During the war he was compelled to produce films for the Nazis, else his wife and children would be placed in a concentration camp.

  • He was charged with doing an act likely to assist the enemy.

  • The judge says it is not sufficient to assume intent from the action - it has to be proven separately.

    • The judge had not directed the jury to consider the burden of criminal intent being on the prosecutor and that it could not simply be assumed.

    • It would have caused the jury to reach the wrong conclusion by telling them that a man must be considered to intend the natural consequences of is actions.

  • Steane won his appeal, given that the prosecution had failed to prove his intention “beyond reasonable doubt.”

Norrie

  • Said this was a case of allowing motivation in by the back door, since his intention to help the enemy was undeniably there, even if his motivation was good. 

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