Preliminary Offence of Attempt

Question 1

Under what statute is attempt defined?

Answer 1

S.1(1) Criminal Attempts Act 1981

Question 2

What is the definition of attempt?

Answer 2

“The intent to commit an offence where a person acts more than merely preparatory to the commission of the offence”

Question 3

What type of offence can not have an offence of attempt?

Answer 3

Summary offences

Question 4

What was held in R v White?

Answer 4

The defendant was convicted of attempted murder even though the victim died of a heart attack before they could drink the poison

Question 5

What is the actus reus of attempt?

Answer 5

It is more than merely preparatory for the main crime

Question 6

What was held in the Attorney General’s reference 1 of 1992?

Answer 6

The defendant need not have performed the act before the crime proper, nor need they have reached the ‘point of no return’

Question 7

What was held in R v Gullefer?

Answer 7

“Merely preparatory” means that the defendant must ‘embarked on the crime proper’

Question 8

What is the test in Geddes?

Answer 8

1. Had the accused moved from planning to execution/implementation?
2. Have they actually tried to commit the offence or have they just equipped themselves to do so?

Question 9

What was held in R v Boyle and Boyle?

Answer 9

The COA held that once they entered the property, they would be committing burglary, so trying to gain entry was an attempt

Question 10

What was held in R v Jones?

Answer 10

The COA held that buying the gun, shortening it, loading it and disguising himself were all preparatory acts. But once D got into V’s car and pointed the gun, there was sufficient evidence to allow consideration of an offence of attempt

Question 11

What is the mens rea of attempt?

Answer 11

The defendant should have the same level of intention required for the full offence

Question 12

What was held in R v Easom?

Answer 12

No evidence that D intended to steal the items in the bag, so couldn’t be convicted of attempted theft

Question 13

Critically evaluate R v Easom.

Answer 13

• Surely D intended to steal it though, they put the bag down as there was nothing worth stealing

Question 14

What was held in Attorney General’s reference 1 and 2 of 1979?

Answer 14

If the defendant had conditional intent, D could be charged with attempt to steal its contents

Question 15

What would have happened in Easom and Huseyn, providing that Att. General’s reference 1 and 2 of 1979 was in force?

Answer 15

They would both have been charged

Question 16

What is the mens rea for attempted murder?

Answer 16

A higher level of intention than murder.
The defendant needs to have had an intent to kill

Question 17

What was held in R v Whybrow?

Answer 17

The conviction of attempted murder was upheld.
It was stressed that only an intention to kill was sufficient mens rea for attempted murder

Question 18

What was held in R v Millard and Vernon?

Answer 18

The COA quashed convictions of attempted criminal damage as recklessness is not sufficient mens rea for attempt

Question 19

What was held in the Attorney General’s Reference 3 of 1992?

Answer 19

Recklessness may be sufficient as to one part of the mens rea of the offence

Question 20

What is stated in S.1(2) Criminal Attempts Act 1981?

Answer 20

“A person may be guilty of attempting to commit and offence even though the facts are such that it is impossible”

Question 21

What was held in Anderton v Ryan?

Answer 21

The House of Lords held that although Ryan had gone beyond merely preparatory acts, all her acts were innocent and S.1(2) did not make her guilty

Question 22

In what case was Anderton v Ryan overruled?

Answer 22

R v Shivpuri

Question 23

What happened in R v Shivpuri?

Answer 23

defendant was convicted of attempting to be knowingly involved in dealing prohibited drugs, despite there not being the drugs that D thought there was in the suitcase

Question 24

What is the ‘last act’ test?

Answer 24

Has the defendant done the last act necessary before the commission of the full offence?

Question 25

What is the ‘substantial step’ test?

Answer 25

Has the defendant taken a substantial step towards the commission of the offence?

Question 26

What was held in R v MS?

Answer 26

There is a clear distinction between someone placing themselves in a position to commit the offence and preparing to commit the offence