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R v Khan [1990] CAR 29

By Oxbridge Law TeamUpdated 04/01/2024 07:02

Judgement for the case R v Khan

Table Of Contents

  • Defendants attempted to rape Victim.

  • Against their conviction they appealed, saying that their attitude to consent had been “couldn’t care les”, which didn’t fulfil intent requirements of s.1 Criminal Attempts Act.

  • CA dismissed their appeal saying that intent, in this scenario, was only necessary regarding intent to penetrate and that recklessness or a “couldn’t care less” attitude as to consent was sufficient.

  • CA say the only difference with actual rape is that penetration didn’t occur and that in intending rape, all that needs be proven is that Defendants intended to do something fulfilling the requirement of rape (i.e. that they intended to penetrate while intentionally or recklessly disregarding Victim’s non-consent). 

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