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The accused, the British subject, had broadcast for the Germans during the second world war, his purpose apparently being to save his wife and children from a concentration camp. After the war he was convicted of “an act likely to assist the enemy with intents to assist the enemy” contrary to a defense regulation. But the court of criminal appeal allowed his appeal because the prosecution failed to prove the specific intent to assist the enemy; the evidence was equally compatible with the view that his intent was to save his family. Steane may heave foreseen that assistance to the enemy was likely, he did not desire that consequence of his conduct.

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See also  Summary of Scarf v Jardine case

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