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The Case of Lady Eldon's French Lace

Hypothetical Case

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Relevant factsFree

Lady Eldon secretly bought what she believed was expensive French lace while traveling with her husband and hid it in their coach, intending to smuggle it into England without paying duty. A customs officer discovered the lace, which turned out to be inexpensive English lace, not dutiable French lace at all. She was charged with attempt.

IssueFree

Whether a defendant may be found guilty of attempt based on what she believed or intended at the time, even though the actual item involved would not have made the completed act a crime.

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