Kembaraxtra-Case Law- Case Brief: Mason (1998) CA

Key Concepts

• Incitement: The act of encouraging or persuading another to commit a crime.
• Mens Rea: The mental state required for a crime (guilty mind).
• Actus Reus: The physical act of the crime (guilty act).

Case Summary

• Parties: D1 (sister), D2 (brother), V (victim, D1's lover).
• Facts: D1 expressed to D2 her desire to "get rid of" V. D2 subsequently attacked V with a hammer and stabbed him.
• Charge: Inciting attempted murder.

Court Holding

• Not Guilty: Inciting attempted murder.
• Guilty: Inciting the infliction of grievous bodily harm.

Rationale for Mens Rea in Incitement

• Test Applied: Subjective test.
• Principle (Buxton LJ): The court must determine "what [the defendant] subjectively herself intended to convey by the use of those words" alleged to be the incitement.
• Rejection: Objective test was explicitly rejected.

Application to Mason

• D1's words "get rid of him" were interpreted subjectively.
• The court found that D1's subjective intent did not extend to causing death (attempted murder), but did encompass causing serious injury (grievous bodily harm).