The Court of Appeal has handed down an important decision in relation to the correct mens rea to be applied in cases of attempt under the Criminal Attempts Act 1981. Alex Stein, representing the appellant, argued that a higher mens rea applies in cases where the substantive offences has a mens rea lower than knowledge or belief.
The Court of Appeal certified a question of public importance for the Supreme Court but refused the prosecution, represented by Simon Farrell QC, leave to appeal. It is understood the prosecution are to seek leave to appeal from the Supreme Court.
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