On 16/09/2017 10:34, Roland Perry wrote:
> In message <
f7cf05e6-ba77-61cd...@hotmail.com>, at
> 09:36:52 on Sat, 16 Sep 2017, Robin <
rb...@hotmail.com> remarked:
>> On 16/09/2017 08:03, Roland Perry wrote:
>>> In message <
f8466a6f-3457-1e46...@hotmail.com>, at
>>> 21:43:07 on Fri, 15 Sep 2017, Robin <
rb...@hotmail.com> remarked:
>>>>>>> Bank notes, yes, passports no. I have a colour copier here and I've
>>>>>>> just successfuly copied my passport and failed to copy a tenner.
>>>>>>>>
>>>>>>
>>>>>> Good job too given AFAIK s.18 Forgery and Counterfeiting Act 1981
>>>>>> (The offence of reproducing British currency notes) requires no
>>>>>> "mens rea" :)
>>>>> But still guilty of "attempting x", which is an offence even if
>>>>> the attempt at x fails, or was always bound to fail.
>>>>
>>>> I do not see how you reach that conclusion as ISTM Sara can simply
>>>> state she was attempting to show that banknotes were protected from
>>>> copying (and did so).
>
>>> That's the essence of my question. However, to show that requires
>>> attempting to copy. And my understanding of the law about "attempts"
>>> is that it doesn't matter if the attempt was bound to fail.
>>
>> I did not see any question in your post. It seemed to me a plain
>> statement of what you considered to be a fact.
>
> The question was:
>
> "My question is - does the mens rea test apply to attempts, as
> well as to 'successes'?"
>
That question came *after* your statement
"But still guilty of "attempting x", which is an offence even if
the attempt at x fails, or was always bound to fail."
It was that statement to which I first replied. And which is why I
inserted my comment where I did.
>>>> Absent "mens rea" I don't see how the CPS could think they have any
>>>> chance of conviction.
>
>>> She did intend to conduct the test. My question is - does the mens
>>> rea test apply to attempts, as well as to 'successes'?
>>
>> As I stated in my first post, there is no "mens rea" test for
>> "successes" in s.18.
See? I started to answer here the question you added after accusing
Sara of criminal.
>
> Agreed, the lack of success (being a non-defence) would only apply to
> the attempt to copy.
>
> Meanwhile, I see that the notes have to be ones which are "payable on
> demand".
>
> Is there a list somewhere of the ones which are no longer payable on
> demand; surely some must be beyond payable by now?
>
> It'd be a matter of concern for banknote collectors/sellers and their
> catalogues.
>
> Meanwhile, is permission easy to obtain? There's a rather large number
> of news stories at the moment reproducing parts of the new £10 note;
>
> <
http://www.independent.co.uk/news/uk/politics/10-note-jane-austen-less-v
> aluable-brexit-a7946456.html>
>
> and Mark Carney appears to be aiding and abetting!!
>
> Let alone places like this, where not all of them have "Specimen"
> printed on them:
>
>
https://en.wikipedia.org/wiki/Banknotes_of_the_pound_sterling
>
>> There is a "mens rea" test for "attempting to commit an offence"
>> (s.1(1) CAA 1981).
>
> To avoid confusion, I'll quote the words:
>
> "If, with intent to commit an offence to which this section
> applies, a person does an act which is more than merely
> preparatory to the commission of the offence, he is guilty of
> attempting to commit the offence."
>
> Which indeed says you do have to *intend* to attempt.
As it patently requires "intent to commit" I don't see why you
paraphrase it as "intend to attempt"
> Now, the PP has admitted they did *intent to attempt*, even though that
> attempt was unsuccessful.
>
I have not seen Sara admit that. But I'll leave her to ignore your
comments, or not, as she thinks fit.