Factual and Legal Impossibility (OCR A-Level Law): Flashcards
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Practise the cards
10 cards from this deck
Criminal Attempts Act 1981 introduction
Criminal Attempts Act 1981 introduction
Offence of attempting the impossible
Two types of impossibility in attempts
Two types of impossibility in attempts
Factual (criminal) and legal (not criminal)
Factual impossibility definition
Factual impossibility definition
Impossible on actual facts but defendant believed it possible
Legal impossibility definition
Legal impossibility definition
No offence exists in law despite defendant's belief
R v Shivpuri (1986) ratio
R v Shivpuri (1986) ratio
Factual impossibility doesn't prevent attempt conviction
Conviction possible with which impossibility?
Conviction possible with which impossibility?
Factual impossibility
R v Pace and Rogers (2014) mens rea rule
R v Pace and Rogers (2014) mens rea rule
Must intend ALL elements of offence
Anderton v Ryan (1985) outcome
Anderton v Ryan (1985) outcome
Overruled by R v Shivpuri
R v Jones (2007) facts
R v Jones (2007) facts
'Amy' was undercover officer, not real child - still convicted
Legal impossibility principle in Latin
Legal impossibility principle in Latin
Nullum crimen sine lege (no crime without law)