Ulterior_mens_rea.pdf (524.98 kB)
The structure, coherence and limits of inchoate liability: the new ulterior element
journal contribution
posted on 2023-06-08, 15:33 authored by J J ChildThis article explores the role of ulterior intention (and ulterior mens rea more generally) within the criminal law. Divided into three Parts, we first question the role and location of ulterior mens rea within the offence elements of acts, circumstances and results. Concluding that such accommodation is conceptually unsound, we highlight the problems this has caused in the context of inchoate liability where the separation of elements is now essential to the application of the law. Central to this discussion is the problematic attempts case of AG Ref (No.3 of 1992) [1994] 1 WLR. 409. We contend that best way forward is to recognise a new ulterior mens rea element. Such an element has the potential to maintain conceptual coherence between offence elements, resolve substantive problems arising in the context of inchoate liability, as well as creating a new method for limiting inchoate liability (and infinite inchoate liability) from the potential for over-criminalisation.
History
Publication status
- Published
File Version
- Accepted version
Journal
Legal StudiesISSN
0261-3875Publisher
Wiley-BlackwellExternal DOI
Issue
4Volume
34Page range
537-559Department affiliated with
- Law Publications
Full text available
- Yes
Peer reviewed?
- Yes
Legacy Posted Date
2013-09-11First Open Access (FOA) Date
2017-10-10First Compliant Deposit (FCD) Date
2013-09-03Usage metrics
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