In just need help on the mens rea I know this is a specific intent crime
But I just want someone to go over and check that I'm
For the AR for CD/theft/GBH I'll refer to
S1.1 and s.1(2) if the crimjnak attempt act and add some case law stating why the act was than merely preparatory. For example Boyce v Boyce & R&B shivpuri etc.
Then I'll move in the mens rea if it was Attempted GBH I'll do purpose intention( r v stean) or indirect (r v woolin) virtual certainity test.
If the attempted crime was Criminal damage I would do purpose intent again r v steane intention as to ones actions causing damage to ones property. And having intention to damage and destroy property chandler v dpp.
If te attempted offence was theft
I would do intention to permanently deprive chandler v dpp or r v stean. The. I'll do r v ghost dishonesty. Add the lawful accuse if it applies under this section 2(1)a,b, or c.
Turn on thread page Beta
S91a burglary with attemot to comitt any if the ulterior offences. GBH/CD/Theft watch
- Thread Starter
Last edited by Highfiveyou; 29-07-2016 at 09:13.
- 29-07-2016 09:11