Mens Rea of Attempt (AQA A-Level Law): Flashcards
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Mens rea required for attempt crimes
Mens rea required for attempt crimes
Intent to commit the full offence
Is recklessness sufficient for attempt?
Is recklessness sufficient for attempt?
No (R v Millard)
Mens rea for attempted murder (Whybrow)
Mens rea for attempted murder (Whybrow)
Intent to kill (stricter than murder itself)
Khan case principle on mens rea
Khan case principle on mens rea
Recklessness can suffice for some elements if OK in full offence
Pace & Rogers rule on intent
Pace & Rogers rule on intent
Must intend all elements; suspicion insufficient
Two types of impossibility in attempt law
Two types of impossibility in attempt law
Factually impossible & legally impossible
Factually impossible attempt - can defendant be convicted?
Factually impossible attempt - can defendant be convicted?
Yes, can still be convicted
Legally impossible attempt - can defendant be convicted?
Legally impossible attempt - can defendant be convicted?
No, cannot be convicted
Leading case on factually impossible attempts
Leading case on factually impossible attempts
R v Shivpuri (1986)
Statutory basis for impossible attempts
Statutory basis for impossible attempts
Criminal Attempts Act 1981