10. Attempts Flashcards
Required MR for Attempted Murder
There must be an intention to murder someone (intention to cause GBH does not suffice for a mere attempt)
‘Attempting’ which type of offence will incur criminal liability
Offences which are ‘indictable’ (either way or indictable only)
AR of an attempted offence
An act more than merely preparatory to the commission of the full offence
- ‘embarks on the crime proper’
- question of fact for jury to decide if there is some evidence that the defendant has gone beyond preparation stages
MR of an attempted offence
Intention to commit the full offence (direct or indirect intention)
- eg. attempted murder (intent to kill)
MR of attempted assault occasioning actual bodily harm
Defendant intended to cause actual bodily harm (not just intending to cause assault / battery)
MR for attempted aggravated criminal damage
D intended to cause criminal damage AND was at least RECKLESS as to endangering the life of someone else
Why can you not charge someone with an attempted s 20 assault?
Because the MR required you to ‘intend’ the full offence (in this case, GBH) and intending to commit GBH is a s 18 assault
If it is impossible for a defendant to complete their crime - how does this impact criminal liability for an attempted offence
D will be judged on the facts as they believed them to be (ie. if they believed they were shooting to kill someone with a loaded gun - but the gun was not loaded - they are STILL LIABLE)
