Can recklessness as to a circumstance suffice on a charge of attempt?

Attorney-General's Reference (No 3 of 1992) [1994] held that recklessness as to a circumstance can suffice. The defendant must still intend the consequence element of the offence.

Which case allowed recklessness as to consent on a charge of attempted rape?

R v Khan [1990] upheld convictions for attempted rape where the defendants were reckless as to consent. Intention was required only as to the act of intercourse.

Is a conditional intention sufficient for attempt?

Attorney-General's References (Nos 1 and 2 of 1979) [1980] held that a conditional intention is sufficient for attempt. The indictment should describe the intention in general terms.

Eduqas A-Level Law A150QS

Parliamentary and European Law Making

Topic overview Green Papers, White Papers and the making of a Bill The legislative process through Parliament The composition and role of Parliament Influences on Parliament and law making Parliamentary sovereignty The UK constitution, separation of powers and the rule of law The royal prerogative Law reform and the Law Commission European Union institutions and sources of law The impact of European Union law and withdrawal

Delegated Legislation

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Statutory Interpretation

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Judicial Precedent

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The Civil Courts and Civil Process

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Tort: Defences and RemediesTort

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Criminal Law: Rules and TheoryCriminal

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Criminal Law: General Elements of LiabilityCriminal

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Criminal Law: Offences Against the PersonCriminal

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Criminal Law: Property OffencesCriminal

Topic overview Theft: appropriation Theft: property Theft: belonging to another Theft: dishonesty Theft: intention permanently to deprive Robbery Burglary with intent under section 9(1)(a)Burglary by theft or grievous bodily harm under section 9(1)(b)Buildings, dwellings and trespass in burglary

Criminal Law: Capacity DefencesCriminal

Topic overview Insanity: the M'Naghten rules Disease of the mind and the internal cause test The special verdict and disposal after insanity Non-insane automatism Self-induced automatism Voluntary intoxication by alcohol Intoxication by drugs and involuntary intoxication Specific and basic intent offences Drunken mistake and criticism of the capacity defences

Criminal Law: Necessity Defences and Preliminary OffencesCriminal

Topic overview Mistake as a defence Self-defence and the prevention of crime Reasonable force and householder cases Duress by threats and the Graham test Limits on duress: murder, association and evasive action Duress of circumstances Necessity Consent Attempt: the actus reus and more than merely preparatory Attempt: mens rea and impossible attempts

Human Rights: Rules and TheoryHuman rights

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Topic overview Article 5 and the right to liberty and security of the person Article 5 exceptions, safeguards and restrictions Article 6 and the right to a fair trial Article 6 and the nature of an absolute right Article 8 and the right to respect for private and family life Article 8 exceptions, restrictions and positive obligations Article 10 and freedom of expression Article 10 exceptions and restrictions Article 11 and freedom of peaceful assembly and association

Human Rights: Restrictions on Convention RightsHuman rights

Topic overview How a qualified right may lawfully be restricted Freedom of assembly and public order law Police powers of stop and search Police powers of arrest and detention Search of premises, terrorism powers and remedies Interception of communications and surveillance Confidentiality, official secrets and contempt of court Obscenity and the control of publication Defamation, trespass and harassment

Human Rights: EnforcementHuman rights

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Human Rights: ReformHuman rights

Topic overview Criticisms of the Human Rights Act The case for keeping the Human Rights Act The case for a UK Bill of Rights The case against a UK Bill of Rights The United Kingdom and the Convention system The Equality and Human Rights Commission Protection beyond the Human Rights Act The future of rights protection

The Nature of Law

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Criminal Law: Necessity Defences and Preliminary Offences

Attempt: mens rea and impossible attempts

3 things to know
Components 2 and 3

Overview

Mens rea of attempt, legal impossibility and attempt to do the impossible.

What you need to know

Answer each one before you reveal it.

Your recallNot started

Key term

State the mens rea of attempt.

Numbers

What intent is required for attempted murder?

Key term

Why is the mens rea for attempted murder higher than for murder?

Questions from this subtopic

Each one with the model answer underneath.

1
State the mens rea of attempt.
Model answer
The defendant must intend to commit the full offence. Recklessness as to the consequence is not enough.
2
What intent is required for attempted murder?
Model answer
R v Whybrow (1951) held that attempted murder requires an intention to kill. An intention to cause grievous bodily harm will not suffice, although it would for murder itself.
3
Why is the mens rea for attempted murder higher than for murder?
Model answer
Murder can be committed with an intention to cause grievous bodily harm alone. Attempt requires an intention to bring about the full offence, which for murder is death.
4
Can recklessness as to a circumstance suffice on a charge of attempt?
Model answer
Attorney-General's Reference (No 3 of 1992) [1994] held that recklessness as to a circumstance can suffice. The defendant must still intend the consequence element of the offence.
5
Which case allowed recklessness as to consent on a charge of attempted rape?
Model answer
R v Khan [1990] upheld convictions for attempted rape where the defendants were reckless as to consent. Intention was required only as to the act of intercourse.
6
Is a conditional intention sufficient for attempt?
Model answer
Attorney-General's References (Nos 1 and 2 of 1979) [1980] held that a conditional intention is sufficient for attempt. The indictment should describe the intention in general terms.

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