Mens Rea of Attempt (OCR A-Level Law): Flashcards
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Practise the cards
10 cards from this deck
Mens rea required for attempt
Mens rea required for attempt
Intent to commit the complete offence
R v Whybrow (1951) - attempted murder mens rea
R v Whybrow (1951) - attempted murder mens rea
Intent to kill (nothing less)
Is recklessness sufficient for attempted criminal damage?
Is recklessness sufficient for attempted criminal damage?
No - intent required (R v Millard)
A-G Ref No. 3 (1992) principle on attempt mens rea
A-G Ref No. 3 (1992) principle on attempt mens rea
Different mental states can apply to different elements
R v Khan (1990) - attempted rape mens rea
R v Khan (1990) - attempted rape mens rea
Intent to have intercourse + reckless as to consent
Define factual impossibility
Define factual impossibility
Crime impossible on facts but D believed it possible
Can D be convicted if factual impossibility exists?
Can D be convicted if factual impossibility exists?
Yes - can still be convicted of attempt
Key case for factual impossibility
Key case for factual impossibility
R v Shivpuri (1986)
Define legal impossibility
Define legal impossibility
D believes committing offence but no such offence exists in law
Can D be convicted if legal impossibility exists?
Can D be convicted if legal impossibility exists?
No - cannot be convicted