AJ 012 Lecture Notes - Lecture 30: Mens Rea, Subjectivism, British Association For Immediate Care
Document Summary
There is a defense when whatever social harm the legislature was thinking about when they enacted this law, the scenario at hand was not within the contemplation of the legislature at the time. Kargar: kissing a baby"s penis because it"s part of afghani culture. I. e. , if a person intends to kill husband and puts bomb on his plane, he is also guilty of attempted murder of all the other people on the plane, even though he didn"t. Intend their death: actor possesses the degree of culpability required to commit the substantive offense, complete attempt (1)(a) & (1)(b) Conduct 1(a: defendant purposely engages in conduct that would constitute the crime if the circumstances were as he believes them to be. Result 1(b: does or omits to do anything with the purpose of causing or with the belief that it will cause a result that is an element of the crime, without further conduct on his part.