R v Pace and Rogers [2014] EWCA Crim 183

Court: Court of Appeal (Criminal Division)

Facts: D1 (defendant 1) and D2 (Defendant 2) agreed to buy scrap metal which they suspected might be stolen. The metal was part of a police undercover operation, and they were charged with attempting to launder money.

Held: Appeal allowed. The conviction was quashed. The court found that mere suspicion is insufficient for an attempt; actual intention to commit the offence is required.

Key Judicial Statement: Lord Justice Thomas emphasized, "For an attempt to commit an offence, the mens rea must be based on intention, not merely suspicion of criminal property."

💡Leveluplaw : This decision is controversial given its departure from earlier cases, is a ruling by the Supreme Court is needed to settle the issue?

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R v Sadique and Hussain (No.2) [2013] EWCA Crim 1120

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R v Khan [1990] 1 WLR 1445