Mens Rea Of attempts

Question 1

What is the men’s rea for attempts

Answer 1

With intent to commit that offence

Question 2

What must d have to satisfy the men’s rea

Answer 2

Same intention that is needed for the full offence

Question 3

What is men’s rea for theft

Answer 3

Intention to permanently deprive

Question 4

Recklessness is often required for a full offence but will is satisfy an attempt

Answer 4

No as decided in Millard and Vernon

Question 5

Criminal damage is a basic intent crime so requires subjective recklessness what is needed for attempted criminal damage

Answer 5

Intention only

Question 6

For which offences is more than one element of men’s rea needed

Answer 6

Attempted arson and attempted rape

Question 7

With attempted arson there can be aggravated offence of endangering life what is needed for this offence

Answer 7

Attempted arson must be intended
Also recklessness is required for the element of endangering someone’s life and it is not necessary to prove intention for this element

Question 8

What did attorney generals reference (no 3 of 1992) confirm

Answer 8

Intention for every element of men’s rea is not always required

Question 9

What are the two aspects of men’s rea in attempted rape

Answer 9

Indented to commit sexual intercourse

Must be at least reckless about the woman consent

Question 10

Where was the two elements for men’s rea confirmed

Answer 10

Khan and others

Question 11

Men’s rea required for attempt is always intention in terms of committing the actual crime but in a few cases recklessness will be enough

Answer 11

With regard to the circumstances

Question 12

Attorney generals reference no 3 facts

Answer 12

An element of reckless is sufficient for attempted arson with intent to endanger life
D threw petrol no b at car but missed charged with attempted arson with intent to endanger life

Question 13

Men’s rea for attempted murder

Answer 13

Intention to kill but unlike murder the intention to commit gbh is insufficient as in bourbon

Question 14

Can intention for attempted murder be oblique and direct

Answer 14

Yes so jury can infer intention if d foresaw death as a virtual certainty (Wollin and Nedrick)

Question 15

Just as for the full offence of murder, Nedrick and Wollin would need to be applied if the intention was oblique rather than direct as confirmed in

Answer 15

Walker and Hayles

Question 16

Facts of walker and Hayles

Answer 16

Threw v from balcony for ill treating walkers sister. Convicted of attempted murder. Conviction upheld claiming the jury had been misdirected by the judge
Judge had told jurors that intention could be inferred if d foresaw the consequences of his conduct as highly probable when Nedrick required virtual certainty should be used

Question 17

Legal principle of walker and Hayles

Answer 17

Intention for attempted murder can be oblique

Question 18

Which case indicated that intention is the men’s rea for attempts

Answer 18

Whybrow