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Criminal Law
Preliminary Offences
Impossibility
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isabel jennings
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Cards (13)
What does s.1(2) state about attempting to commit an offence?
A person may be guilty even if
impossible
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Under what conditions does s.5.1(3) apply regarding a person's intention?
When belief differs from
actual
facts
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In the case of factual impossibility, what was the outcome in Shivpuri?
D was still
guilty
despite
harmless substance
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What was the key issue in the Taaffe case regarding legal impossibility?
D attempted to smuggle a
non-existent
crime
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What substance did D attempt to deal with in the Shivpuri case?
A
harmless
'fake' drug
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How does factual impossibility differ from legal impossibility in criminal law?
Factual impossibility involves
harmless
substances
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What was D's belief in the Taaffe case regarding the legality of his actions?
D believed importing
currency
was illegal
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What was D's actual action in the Taaffe case?
D was smuggling
cannabis
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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
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How does the legal system view attempts to commit impossible crimes?
Attempts can still result in
guilt
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What is the significance of the distinction between factual and legal impossibility?
It determines the outcome of
criminal liability
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What is the definition of factual impossibility?
Attempting to commit a
crime
that cannot occur
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What is the definition of legal impossibility?
Attempting to commit a
crime
that does not exist
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