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Corporate Crime analysis: On 20 July 2022, the Secretary of State for Business, Energy and Industrial Strategy issued the first prohibition under the National Security and Investment Act 2021 (NSIA 2021). Marc Israel and Kate Kelliher of White and Case LLP consider the lessons learned from this milestone and BEIS' new guidance on markets and energy transactions.
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AttemptA person is guilty of attempting to commit an offence if they do an act that is more than preparatory to the commission of the offence, with the intention of committing an offence. An attempt is an offence of specific intent. It requires an intention to commit an offence. The offence itself
Dishonesty in the criminal lawDishonesty provides the mens rea for multiple offences under statute and the common law. It is, however, not fully defined by statute. The exception is the Theft Act 1968 (TA 1968), which goes some way towards defining dishonesty but only insofar as certain offences
Specific and basic intentIntention refers to the outcome sought by the defendant. Offences may be described as either ones of ‘basic intent’ or of ‘specific intent’. The Court of Appeal has described this distinction as ‘elusive’. The Court nevertheless provided the following definition of specific
Transferred mens reaThe principle of transferred malice/transferred mens reaThe Supreme Court has stated that a better description for transferred malice might be ‘transferred mens rea’. The term ‘transferred malice’ has been described as ‘a misleading label’.This article will refer to the principle
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