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Words: | Submitted: Mon Jun 19 2006
... done all the acts necessary on his part to commit the offence but, for some other reason, the desired consequence has not been brought about. Both types of attempt fall within the scope of s1(1) of the 1981 Act. The first part of this section sets out the mens rea for attempt, requiring 'intent to create an offence to which this section applies.' Although there is no legislative definition of intent, it can be thought of in two ways. Firstly, there is direct intent where the defendant brings about, or does his best to bring about the desired consequence. Secondly, there is oblique intent where the defendant may not desire the consequence but knowing it is a certain or virtually certain result of his actions, the defendant goes ahead with them anyway. Hence, the first thing that must be established when applying s1(1) of the 1981 Act is the presence ...
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