2.7 Preliminary offence: attempt Flashcards
Actus reus
A positive act (not an omission) that is more than merely perparatory to the commission of the offence
Actus reus
Whats the difference between an act that is merely perparatory and an act that is more than merely perparatory
An act which is ‘merely preparatory’ is not an attempt but could be another offence like conspiracy or going equiped
Actus rea
Case outlining an act that is more than merely preparatory
R v Jones 1990
Actus rea
R v Jones 1990 facts
D got into V’s car and tried to shoot him with a shotgun but the safety was on and V threw the shotgun out the window
Actus reus
R v Jones 1990 held
Guilty of attempt, as when he got into the car and pointed the gun he gained intention.
Mens Rea
An intent to commit the full crime, recklessness will not suffice
Attempting an ‘impossible’ crime
What are the 2 offences relating to attempting the impossibe?
Factual impossibility
Legal impossibility
Attempting an ‘impossible’ crime
What is factual impossibility
‘A person may be guilty of attempting to commit an offence even though the facts are such that the commission is impossible’
Attempting an ‘impossible’ crime
What is legal impossibility
A defence to attempt, where a D has completed all intended acts, but the acts fail to fulfil all the required elements in the common/statutory law
Attempting an ‘impossible’ crime
Case illustrating an ‘impossible’ crime
R v Jones 2007
Attempting an ‘impossible’ crime
Facts of R v Jones (2007)
D tried to solicit young girls for sex, including ‘Amy’ who he thought was 12, but in fact was an undercover policewomen
Attempting an ‘impossible’ crime
Held in R v Jones (2007)
offence attempted: Inciting a child under 13 to engage in sexual activity
Even though Amy was not a child under 13, D was still convicted for attempting the impossible
