R v Shivpuri
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R v Shivpuri [1986] UKHL 2 is a House of Lords case in English law as to whether a criminal attempt which had a "more than merely preparatory act" and mens rea of an inchoate stage but of a crime which transpired to be impossible (or rendered lawful) in its completion – as the actus reus unwittingly related to a lawful, not what the defendant apprehended to be an unlawful substance – amounted to an attempt to commit a crime. The judicial panel, the highest court of England, decided it would amount to the crimes of attempted dealing in and harbouring a controlled drug, with intent to evade the prohibition of importation of the same. In doing so, it overturned its own ruling the year before in Anderton v Ryan, applying the Practice Statement of 1966.
This article needs additional citations for verification. (October 2021) |
Regina v Pyare Shivpuri | |
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Court | House of Lords |
Decided | 15 May 1986 |
Citation(s) | [1987] AC 1; [1986] UKHL 2 |
Cases cited | Anderton v Ryan [1985] AC 560; R v Hussain [1969] 2 QB 567 |
Legislation cited | Criminal Attempts Act 1981 |
Case history | |
Prior action(s) | Conviction in Reading County Court, 24 February 1984 Conviction upheld (appeal denied) in the Court of Appeal, 5 November 1984 (both unreported) |
Subsequent action(s) | None |
Court membership | |
Judge(s) sitting | Lord Hailsham LC, Lord Elwyn-Jones, Lord Scarman, Lord Bridge and Lord Mackay |