Cawthorne Vs. HM Advocate Case

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The main case when dealing with attempt offence is the Cawthorne v HM Advocate case. The facts of the case are as follows: the accused fired several shots into a room with four people in it; the shots were aimed low enough to strike one of the four persons; luckily no one was killed nor injured. Despite of not having killed anyone Mr Cawthorne was convicted of attempted murder. It was argued that the he had not attempted to kill anyone but solely scare them. He was convicted, despite of this, as he had displayed wicked recklessness which proved to be enough evidence for the mens rea – the mental intent to commit a crime, in this case – of attempted murder. This case was a milestone in deciding that when it comes to attempted murder the means

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