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Example of Factual Impossibility

6 十月, 2015 - 16:10

Recall from the example given in that Matthew threw a filet coated with rat poison over the fence into the neighbor’s yard with the intent to poison the neighbor’s dog. Both Melissa and Matthew are under the mistaken belief that the dog is present and will eat the filet. However, the dog is on an overnight camping trip with its owners. This mistake of fact probably will noexcuse Melissa and Matthew’s attempt. Melissa and Matthew purposely engaged in conduct that would result in the poisoning of the dog if the facts were as Melissa and Matthew believed them to be. Thus Melissa and Matthew have most likely committed attempted destruction of property or animal cruelty regardless of the fact that their plan could not succeed under the circumstances.