R v Mohan

JurisdictionEngland & Wales
Judgment Date04 February 1975
Neutral Citation[1975] EWCA Crim J0204-2
Docket NumberNo. 3763/A/74
CourtCourt of Appeal (Criminal Division)
Date04 February 1975
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18 cases
  • R v Kellett
    • United Kingdom
    • Court of Appeal (Criminal Division)
    • 20 June 1975
    ...accused desired that consequence of his act or not" and no matter whether the offence attempted itself requires a specific intent or not: Mohan's case, 1975 2 Weekly Law Reports, 859 at page 867 'D' and the authorities there cited. Did the Lord Chief Justice then rightly describe to the ju......
  • Owneast Shipping Ltd v Qatar Navigation QSC
    • United Kingdom
    • Queen's Bench Division (Commercial Court)
    • 7 July 2010
    ...as I know its meaning has not. There is no separate legal meaning to the word. This retains its dictionary sense…” (Emphasis added.). 25 In R v Mohan [1976] 1 QB 1,10H-11A, the Court of Appeal emphasized that recklessness i.e. acting with knowledge of the likely consequences was not to be “......
  • R v Pearman
    • United Kingdom
    • Court of Appeal (Criminal Division)
    • 30 July 1984
    ...than merely preparatory to the commission of the offence, he is guilty of attempting to commit the offence," 14 This court, in the case of Mohan 60 Cr. App.R. 272, dealt with the question of the mental element in an attempt before passing to that Act. It is not necessary to deal with the fa......
  • R v Pace and another
    • United Kingdom
    • Court of Appeal (Criminal Division)
    • 18 February 2014
    ...from, and at a higher level than, that applicable to the substantive offence itself. 47 The same point can be made with regard to the case of Mohan (1974) 60 CAR 272, which also antedated the 1981 Act. In that case the accused was charged with, and convicted of, an offence of attempting, ha......
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6 books & journal articles
  • The Pitfalls in the Law of Attempt: A New Perspective
    • United Kingdom
    • Journal of Criminal Law, The No. 69-2, April 2005
    • 1 April 2005
    ...removed from the commission of the intended offence, the courtsmust not ‘strain to bring within the offence of attempt conduct which 1 [1976] QB 1.2 Ibid. at 2.3 Ibid. at 8.4 Ibid.5 Ibid.6 Ibid.7 Ibid. at 10.8 Ibid.9 Ibid. at The Journal of Criminal Law does not fall within the well-establi......
  • On francis bacon and 'doing' jurisprudence
    • Caribbean Community
    • Caribbean Law Review No. 18-1/2, June 2008
    • 1 June 2008
    ...wh t I w nt to chieve. It c nnot be s id th t I h ve “m de decision” — the pre*imin ry of ction — to bring her h tred bout (see Mohan [1976] QB 1,8). Her h tred h s no necess ry p* ce in my p* n of ction though it m y we** permit it, yet s non-necess ry fe ture even if I conceive her h tred......
  • Doctrinal Rationality after Woolin
    • United Kingdom
    • The Modern Law Review No. 62-3, May 1999
    • 1 May 1999
    ...Legal Politics’ [1989] Crim LR 793 at 800–7; R.A. Duff ‘ThePolitics of Intention: a Response to Norrie’ [1990] Crim LR 637.28 See Mohan [1976] QB 1.29 [1957] Crim LR 365.30 Gillick vWest Norfolk and Wisbech AHA [1986] AC 112.31 This mental attitude is described in other jurisdictions as wic......
  • Woollin: more on foresight and all that
    • Caribbean Community
    • Caribbean Law Review No. 9-1, June 1999
    • 1 June 1999
    ...& Hayles (1990) 90 Cr. App. R.226, at p. 230 per Lloyd L.J.; and see Gullefer [1990] 3 All E.R. 882, at p. 884 per Lord Lane C. J. 38 [1975] 2 All E.R. 193. 39 [1950] 1 AllE.R.720, at p. 724: cited with approval, e.g., by Lord Hailsham in Hyam [1974] 2 All E.R. 41, at pp. 51-2. 40 At p. 200......
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