14 Attempts Flashcards
What is the mens Rea for attempted murder?
-intent to kill
What is the mens Rea for attempted rape?
- the defendant intends to have sexual intercourse with the victim and is reckless to the victims consent
- Khan (1990)
What are the 3 approaches taken to attempts in AG’s ref 3/92?
- Recklessness as to the circumstances but not consequences - D intends their action and its consequences but can be reckless as to circumstances
- Recklessness to circumstances or consequences - D intends their action and its consequences but an be reckless to the consequences or circumstances if recklessness is enough for the complete offence
- The Missing Element Test - the defendant must intend to supply the missing element in the full offence I.e. The sexual intercourse for rape
What is the meaning of more than merely preparatory and when was this controversial?
- It’s ordinary meaning - Jones (1990)
- controversy surrounded the decision in Geddes (1996) which found D not guilty based on the strict ordinary meaning
Does the defendant need to have done the last act before completing his offence?
- not necessarily, but this will make the finding of an attempt more likely
- the criminal act may be one in a string of events contributing towards the full offence I.e. A theft but these will not be more than mere preparation - Gullefer (1991)
Defendant coming face to face with the target?
-this will usually be a more than merely preparatory act - Campbell (1991)
What if a consequence is physically impossible?
- the question is addressed on the facts as the defendant believed them to be
- if a defendant is selling chalk but he believes it is cocaine he can still be convicted
- if he shoots at someone off in the distance knowing he cannot hit them he probably cannot be convicted
What did Shivpuri (1987) say?
-if the defendant was doing something more than merely preparatory on the facts as he believed them, he can be convicted - cocaine chalk seller example
What is the actus reus and mens Rea for an attempt?
Actus Reus: the defendant did an act more than merely preparatory to the commission of the full offence
Mens Rea: an intention to commit the offence