If, with intent to commit an offence to which this section applies, a person does an act which is [...], he is guilty of an attempt to commit that offence.
A person may be guilty of an attempt to commit an offence to which this section applies even though the facts are such that the commission of the offence is impossible.
In any case where:
(a) apart from this subsection a person's intention would not be regarded as having amounted to an intent to commit an offence; but
(b) if the facts of the case had been as he believed them to be, his intention would be so regarded. then, for the purposes of subsection (1) above, he shall be regarded as having had an intent to commit that offence.'
Answer
more than merely preparatory to the commission of an offence
Tags
#attempt #crime #inchoate #law
Question
Under the CAA 1981, s 1:
If, with intent to commit an offence to which this section applies, a person does an act which is [...], he is guilty of an attempt to commit that offence.
A person may be guilty of an attempt to commit an offence to which this section applies even though the facts are such that the commission of the offence is impossible.
In any case where:
(a) apart from this subsection a person's intention would not be regarded as having amounted to an intent to commit an offence; but
(b) if the facts of the case had been as he believed them to be, his intention would be so regarded. then, for the purposes of subsection (1) above, he shall be regarded as having had an intent to commit that offence.'
Answer
?
Tags
#attempt #crime #inchoate #law
Question
Under the CAA 1981, s 1:
If, with intent to commit an offence to which this section applies, a person does an act which is [...], he is guilty of an attempt to commit that offence.
A person may be guilty of an attempt to commit an offence to which this section applies even though the facts are such that the commission of the offence is impossible.
In any case where:
(a) apart from this subsection a person's intention would not be regarded as having amounted to an intent to commit an offence; but
(b) if the facts of the case had been as he believed them to be, his intention would be so regarded. then, for the purposes of subsection (1) above, he shall be regarded as having had an intent to commit that offence.'
Answer
more than merely preparatory to the commission of an offence
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Parent (intermediate) annotation
Open it Under the CAA 1981, s 1:
If, with intent to commit an offence to which this section applies, a person does an act which is more than merely preparatory to the commission of an offence, he is guilty of an attempt to commit that offence. A person may be guilty of an attempt to commit an offence to which this section applies even though the facts are such that the commi
Original toplevel document (pdf)
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