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chthonic, Thu 31 Jul 2008, 16:57)
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wellGenerally, crimes need an actus reus and mens rea.
However, if someone gave you something you thought was a bag of drugs and told you to smuggle it, and you did, even if it wasn't drugs, you'd be guilty of attempted smuggling/whatever, because you had the mens rea. It's attempted, not successful, because the crime of smuggling itself is impossible in this case.
So, that would point to you not being guilty because you didn't think they were drugs. However, given that prosecuting someone for an inchoate (attempted) offence when they didn't have drugs after all is ridiculous, and involves a fairly twisted bit of legal logic, I'm pretty sure they could have whipped something up for you.
(, Mon 4 Aug 2008, 1:36, Reply)
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