Английская Википедия:Haughton v Smith

Материал из Онлайн справочника
Перейти к навигацииПерейти к поиску

Шаблон:Use dmy dates Шаблон:Italic title Шаблон:English case infobox Haughton v Smith was a judicial case in which the House of Lords ruled that it was impossible to commit the crime of handling stolen goods where the goods were not stolen; nor could an offence of attempting to handle them be committed in such circumstances. The latter part of the ruling was partially overturned by the Criminal Attempts Act 1981.

Judgement

Viscount Dilhorne's statement about the impossibility of crimes still often quoted after a 1981 as regards barring the full-offence charge for completed alleged offences (for which full mens rea can be shown) but where the subject matter did not in the event amount to something prohibited:Шаблон:Clarify

Шаблон:Quote

This case was partially overturned as it would relate to inchoate (incomplete) offences, which can be prosecuted by the Criminal Attempts Act 1981. Шаблон:Clarify of the law of attempted crimes, in particular the debate about criminal liability in issues of impossible crimes.

References