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did not consent or was reckless as to whether she consented). In the offence of attempted rape, must the prosecution prove that the defendant intended the act to be non-consensual or should the jury be directed to consider two different states of mind, intent as to act and recklessness as to the circumstances? A similar problem may also arise where the additional matters to be proved relate not to some additional circumstance but to the method by which the result is achieved. An obvious example was causing death by reckless driving. Is it logically possible to attempt to commit the offence? Mohan [1976] QB 1 provided a partial answer; that intent bears its ordinary meaning and that the intent must be directed to the ‘result’ and not solely to the means of bringing about the result. R v Khan [1990] 1 WLR 813 (CA)
DOI link for did not consent or was reckless as to whether she consented). In the offence of attempted rape, must the prosecution prove that the defendant intended the act to be non-consensual or should the jury be directed to consider two different states of mind, intent as to act and recklessness as to the circumstances? A similar problem may also arise where the additional matters to be proved relate not to some additional circumstance but to the method by which the result is achieved. An obvious example was causing death by reckless driving. Is it logically possible to attempt to commit the offence? Mohan [1976] QB 1 provided a partial answer; that intent bears its ordinary meaning and that the intent must be directed to the ‘result’ and not solely to the means of bringing about the result. R v Khan [1990] 1 WLR 813 (CA)
did not consent or was reckless as to whether she consented). In the offence of attempted rape, must the prosecution prove that the defendant intended the act to be non-consensual or should the jury be directed to consider two different states of mind, intent as to act and recklessness as to the circumstances? A similar problem may also arise where the additional matters to be proved relate not to some additional circumstance but to the method by which the result is achieved. An obvious example was causing death by reckless driving. Is it logically possible to attempt to commit the offence? Mohan [1976] QB 1 provided a partial answer; that intent bears its ordinary meaning and that the intent must be directed to the ‘result’ and not solely to the means of bringing about the result. R v Khan [1990] 1 WLR 813 (CA)
ABSTRACT
Russell LJ: ... These appeals raise the short but important point of whether the offence of attempted rape is committed when the defendant is reckless as to the woman’s consent to sexual intercourse. The appellants submit that no such offence is known to the law ...
