1B - Preliminary Offences

Question 1

What is the definition of preliminary?

Answer 1

preceding or done in preparation for something more important

Question 2

What is a preliminary offence?

Answer 2

an attempted offence

Question 3

What is an attempt?

Answer 3

where a person is to commit an offence but for some reason fails to complete it

Question 4

Where is attempt defined?

Answer 4

s.1 Criminal Attempts Act 1981

Question 5

What is the actus reus of an attempt?

Answer 5

• a person does an act

- which is ‘more than merely preparatory’

Question 6

What is the mens rea of an attempt?

Answer 6

• intent to commit the offence

Question 7

What about omissions?

Answer 7

an omission is not enough for an attempt, it has to be an act

Question 8

Is more than merely preparatory objective or subjective?

Answer 8

subjective and for the jury to decide

Question 9

What are the key cases for more than merely preparatory?

Answer 9

• AG’s Ref No 1 of 1992
• Gullefer
• Geddes

Question 10

What cases show burglary in relation to the actus reus?

Answer 10

Boyle and Boyle

Tosti

Question 11

What case shows robbery in relation to the actus reus?

Answer 11

Campell

Question 12

What case shows murder in relation to the actus reus?

Answer 12

Jones

Question 13

Is recklessness enough to satisfy the mens rea?

Answer 13

nope

Question 14

What must the prosecution prove for attempted murder?

Answer 14

They must prove an intention to kill - intent to cause GBH isn’t enough

Question 15

What is the sentencing for attempted murder?

Answer 15

can face a punishment of life imprisonment

Question 16

What is the sentencing for an indictable offence (s.18) and manslaugher?

Answer 16

They can face the same penalty as if being tried on an indictment for that crime

Question 17

What is the sentencing for an attempted triable either way offence

Answer 17

Liable on summary offence conviction and can face punishment for a summary offence which is up to 6 months

Question 18

Where is impossibility found?

Answer 18

s. 1(2) Criminal Attempts Act 1981

Question 19

What does s.1(2) Criminal Attempts Act 1981 define impossibilty?

Answer 19

a person may be guilty of attempting to commit an offence even though the facts are such that the commission of the offence is impossble

Question 20

What is an example of an impossibility offence?

Answer 20

D puts their hand in V’s pocket to steal something but it is empty

Question 21

What is the mens rea of an impossibility offence?

Answer 21

intention to commit the offence