Criminal Knowledge and Belief

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Summary of Criminal Knowledge and Belief

For some offences it must be shown that the defendant did an act knowing or believing that a certain state of affairs existed.

It should be noted that in cases where the mens rea is knowledge, careful consideration should be given to which aspects of the actus reus need to be known.

  • For example, the offence of handling stolen goods requires proof that the defendant knew or believed that the goods were stolen.

The difference between knowledge and belief appears simply to be based on whether the facts known or believed turned to to be true: if they were true then the defendant knew them to be true, if they were false the defendant believed them to be true.

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