Thursday, March 6, 2014
Matthew Dyson (University of Cambridge - Trinity College Cambridge) has posted Intended Consequences, Suspected Circumstances and the Criminal Law: Pace and Rogers  EWCA Crim 186 on SSRN. Here is the abstract:
Pace and Rogers is a new case on the mens rea for attempt, handed down on 18 February 2014. It interprets the Criminal Attempts Act 1981 (CAA 1981), s. 1(1) to require the defendant charged with an attempt to have intended every actus reus element of the intended offence. This note sets out some different interpretations of it, and what its impact might be. In short, the issue of the mens rea for an attempt had been largely settled since the CAA 1981, requiring only intention as regards the consequences of the crime, and a lower mens rea for circumstances. Now that position may be in doubt, but it is unclear how far the reasoning in Pace will be taken by later courts.