14 Attempts Flashcards

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1
Q

What is the mens Rea for attempted murder?

A

-intent to kill

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2
Q

What is the mens Rea for attempted rape?

A
  • the defendant intends to have sexual intercourse with the victim and is reckless to the victims consent
  • Khan (1990)
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3
Q

What are the 3 approaches taken to attempts in AG’s ref 3/92?

A
  1. Recklessness as to the circumstances but not consequences - D intends their action and its consequences but can be reckless as to circumstances
  2. 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
  3. The Missing Element Test - the defendant must intend to supply the missing element in the full offence I.e. The sexual intercourse for rape
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4
Q

What is the meaning of more than merely preparatory and when was this controversial?

A
  • It’s ordinary meaning - Jones (1990)

- controversy surrounded the decision in Geddes (1996) which found D not guilty based on the strict ordinary meaning

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5
Q

Does the defendant need to have done the last act before completing his offence?

A
  • 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)
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6
Q

Defendant coming face to face with the target?

A

-this will usually be a more than merely preparatory act - Campbell (1991)

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7
Q

What if a consequence is physically impossible?

A
  • 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
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8
Q

What did Shivpuri (1987) say?

A

-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

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9
Q

What is the actus reus and mens Rea for an attempt?

A

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

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