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attempt (Mens Rea of attempt (LRC - Irish courts appear to endorse intent…
attempt
Mens Rea of attempt
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rape
People v BF recklessness is sufficient for attempted rape, no proper analysis
Criminal Law Act 1981, s2 - don't have to have intent to have sex - can be reckless about consent
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Defences
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impossible defence
factual
AG v Sullivan if intended to commit offence, still committing attempted offence
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UK- haugton v Smith police stopped van with stolen property, let goods go to party handling them - not stolen anymore
section 1(3) of the Criminal Attempts Act 1981 provides that the accused should be judged on the facts as he believed them to be. reversed the decision
offences
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LRC - can graft inchoate offences on substantive offences uncertainty over attempt in Ireland - Coen disagrees
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Actus Reus Cases
People v Thornton got woman pregnant, enquired about medicines for miscarriage - asked about poison - must go beyond mere preparation - was to ambiguous - just preparation or expressing intention
Attorney General v Sullivan midwife charged with obtaining money on false pretences - claimed attended more births - each false claim an attempt
R v White English case - attempted murder with cyanide - not enough poison to kill - proximity and first act - still attempt
People v BK - sexual abuse about children in care, one allegation should been withdrawn from the jury - not enough for attempt - requirement of bare skin to bare skin
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beyond preparation
People v Thornton must go beyond mere preparation - direct movement towards commission after preparation
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