attempt - impossibility Flashcards
1
Q
s72 (1) contains the statement
A
whether it was possible to commit the offence or not
2
Q
what are two types of impossibilty
A
factual and legal
3
Q
what is factual impossibilty
A
donnley sets out three kinds
1. d is stopped by an outside agnet cl 3
2. d fails as own incapaboilty cl 4
3. d find it ipossible no matter the means cl 5
4
Q
in cases of factual impossibilty
A
d will still be laible
5
Q
legal imposibiltuy
A
donnely sets out
- contraty to d beleif conduct doesnt amount to legal offnece cl 6
SOSOOS RAREEE
6
Q
WHAT IS A GOOD WAY TO SORT OUT THIS LEGAL V FACTUAL
A
- think about the ar they wanted to do, if they had coimmitted that exact ar would it have been legal
- if you wanted to steal an umbrella - but it turns out to be your own, you cannot have committed the ar bc LEGALLY you cant steal from urself
