Impossibility

Cards (13)

  • What does s.1(2) state about attempting to commit an offence?
    A person may be guilty even if impossible
  • Under what conditions does s.5.1(3) apply regarding a person's intention?
    When belief differs from actual facts
  • In the case of factual impossibility, what was the outcome in Shivpuri?
    D was still guilty despite harmless substance
  • What was the key issue in the Taaffe case regarding legal impossibility?
    D attempted to smuggle a non-existent crime
  • What substance did D attempt to deal with in the Shivpuri case?
    A harmless 'fake' drug
  • How does factual impossibility differ from legal impossibility in criminal law?
    Factual impossibility involves harmless substances
  • What was D's belief in the Taaffe case regarding the legality of his actions?
    D believed importing currency was illegal
  • What was D's actual action in the Taaffe case?
    D was smuggling cannabis
  • What does the term 'mens rea' refer to in the context of attempting a crime?
    Mens rea refers to the intention to commit a crime
  • How does the legal system view attempts to commit impossible crimes?
    Attempts can still result in guilt
  • What is the significance of the distinction between factual and legal impossibility?
    It determines the outcome of criminal liability
  • What is the definition of factual impossibility?
    Attempting to commit a crime that cannot occur
  • What is the definition of legal impossibility?
    Attempting to commit a crime that does not exist