R v Steane [1947] KB 997

Facts

  • James Steane, a British citizen living in Germany before World War II, was charged with performing acts likely to assist the enemy under the Defence (General) Regulations 1939.
  • During the war, Steane worked for a German broadcasting company, making propaganda broadcasts.
  • He claimed he acted out of fear for the safety of his wife and children, who were held in Germany.
  • The prosecution argued that his broadcasts aided the enemy, regardless of his reasons.

Issues

  1. Whether the trial judge erred in directing the jury to focus on whether Steane’s actions were likely to assist the enemy, rather than his specific intent.
  2. Whether the defendant’s intent to protect his family, as opposed to aiding the enemy, was sufficient to negate the required mens rea for the offence.
  3. Whether acting under stress or duress should affect the determination of criminal intent.

Decision

  • The trial court convicted Steane.
  • The Court of Criminal Appeal reversed the conviction, holding that the jury was misdirected on the issue of intent.
  • The appellate court found that the prosecution must prove beyond reasonable doubt the defendant’s specific intent to assist the enemy, even under stress.
  • The court recognised a distinction between actions done with the intent to aid the enemy and those primarily intended to protect one’s family.

Legal Principles

  • Criminal responsibility requires proof of the defendant’s specific intent, particularly for offences requiring a particular state of mind.
  • The prosecution bears the burden of proving intent beyond reasonable doubt.
  • There is a critical distinction between acts performed with criminal intent and those performed primarily to avoid harm due to stress or coercion.
  • R v Steane highlights the importance of examining the defendant’s true intent when actions are influenced by external pressures or threats.

Conclusion

R v Steane established that intent remains central to criminal liability, even in cases involving stress or coercion, requiring a careful assessment of the defendant's purpose and safeguarding against convictions based solely on the consequences of actions performed under duress.

The answers, solutions, explanations, and written content provided on this page represent PastPaperHero's interpretation of academic material and potential responses to given questions. These are not guaranteed to be the only correct or definitive answers or explanations. Alternative valid responses, interpretations, or approaches may exist. If you believe any content is incorrect, outdated, or could be improved, please get in touch with us and we will review and make necessary amendments if we deem it appropriate. As per our terms and conditions, PastPaperHero shall not be held liable or responsible for any consequences arising. This includes, but is not limited to, incorrect answers in assignments, exams, or any form of testing administered by educational institutions or examination boards, as well as any misunderstandings or misapplications of concepts explained in our written content. Users are responsible for verifying that the methods, procedures, and explanations presented align with those taught in their respective educational settings and with current academic standards. While we strive to provide high-quality, accurate, and up-to-date content, PastPaperHero does not guarantee the completeness or accuracy of our written explanations, nor any specific outcomes in academic understanding or testing, whether formal or informal.
No resources available.

Job & Test Prep on a Budget

Compare PastPaperHero's subscription offering to the wider market

PastPaperHero
Monthly Plan
$10
Assessment Day
One-time Fee
$20-39
Job Test Prep
One-time Fee
$90-350

Note the above prices are approximate and based on prices listed on the respective websites as of May 2025. Prices may vary based on location, currency exchange rates, and other factors.

Get unlimited access to thousands of practice questions, flashcards, and detailed explanations. Save over 90% compared to one-time courses while maintaining the flexibility to learn at your own pace.

All-in-one Learning Platform

Everything you need to master your assessments and job tests in one place

  • Comprehensive Content

    Access thousands of fully explained questions and cases across multiple subjects

  • Visual Learning

    Understand complex concepts with intuitive diagrams and flowcharts

  • Focused Practice

    Prepare for assessments with targeted practice materials and expert guidance

  • Personalized Learning

    Track your progress and focus on areas where you need improvement

  • Affordable Access

    Get quality educational resources at a fraction of traditional costs

Tell Us What You Think

Help us improve our resources by sharing your experience

Pleased to share that I have successfully passed the SQE1 exam on 1st attempt. With SQE2 exempted, I’m now one step closer to getting enrolled as a Solicitor of England and Wales! Would like to thank my seniors, colleagues, mentors and friends for all the support during this grueling journey. This is one of the most difficult bar exams in the world to undertake, especially alongside a full time job! So happy to help out any aspirant who may be reading this message! I had prepared from the University of Law SQE Manuals and the AI powered MCQ bank from PastPaperHero.

Saptarshi Chatterjee

Saptarshi Chatterjee

Senior Associate at Trilegal