R. vs. JACOB K. MENSAH

(His lordship stated the facts of the case, and proceeded:-) There is no doubt that Mensah misconceived the requirements of the law as to the proper execution of a Will, but it is clear on the evidence that his sole purpose in doing what he did was to give effect to the intentions of the testator. We are unable to discover, or to infer, mens rea. The main ground of appeal argued is that the learned Judge misdirected himself on the question of intent. That ground involves three points, viz., (i) misdirection as to the person in whom the intent to defraud must be shown; (ii) whether there is any evidence from which intent to defraud can be inferred, having regard to the findings of the learned Judge; (iii) whether fraud as defined in section 18 of the Criminal Code is shown to exist. As to the first point: The offence of aiding and abetting the commission of a crime is committed by a person who, knowing what the essential ingredients of a particular crime are, “directly or indire.....