Miscellaneous Flashcards
What is the law as to attempted crimes?
AG v Thornton Mere desire to commit a crime is not criminal. There must be evidence that proximate steps were taken, ie, behvaiour beyond mere preparation. Mens rea is intention to commit the substantial offence.
AG v Sullivan An act is sufficiently proximate is it was the first in a chain of steps which would result cumulatively in the substantive crime.
Abandonment is not a defence, not is ultimate impossibility as the requisite actus reus and mens rea are still fulfilled.
What is the defence of infancy
S.52 Childrens Act 2001 A child under 12 shall not be charged with an offence. The age of criminal responsibility for murder, manslaughter rape and aggravated sexual assault is 10 years of age.
s.76 Childrens Act 2001 The court can dismiss proceedings against a child under the age of 14 is they determine that due to their age and maturity they did not have a full understanding of what was involved in the commission of the offence.
