7 - Preliminary offences

Question 1

An attempt

Answer 1

Attempted crime is s1(1) of the Criminal Attempts Act 1981

“if, with intent to commit an offence ….. A person does an act which is more than merely preparatory to the commission of the offence, he is guilty of attempting to commit the offence.”

Question 2

actus reus of an attempt

Answer 2

An attempt must be:
A positive act and not an omission
An act that is more than merely preparatory to the commission of the offence (MTMP)

Therefore is the act is merely preparatory (MP) then they are not guilty of an attempt
However they may be guilty for other offences like conspiracy or going equipped (which you would cover as part of your degree

Question 3

Mereley prepatory

Answer 3

If an act is MP then the D is not guilty

Question 4

R v Campbell 1990

Answer 4

D approached a Post Office wearing a crash helement with a knife and threatening note. He was arrested outside by police
MP – as D did not enter the Post Office or threaten staff (decided on appeal)

Question 5

R v Jones 1990

Answer 5

D got into V’s car and pointed a shotgun at him
MTMP – all he had to do was pull the trigger
Convicted of attempted murder
more than merely preperty

Question 6

Mens rea of an attempt

Answer 6

This is normally an intent to commit the full crime
Recklessness will not normally be enough

Question 7

R v Khan 1990

Answer 7

4 men convicted of attempted rape on a 16 year old girl (although unsuccessful in having sex with the victim)
Conviction upheld – only had to prove that D indented on having sex knowing V was not consenting (or there was an absence of consent)

Question 8

Attempting an impossible crime

Answer 8

Criminal Attempts Act 1981 – introduced 2 new offences
Factual impossibility – s1(2) –
Legal impossibility – s1(3)

Question 9

R v Jones 2007

Answer 9

D tried to solicit young girls for sex, including Amy (a policewomen) who he thought was 12
Convicted of inciting a child under 13 to engage in sexual activity
“Amy” wasn’t a real 12 year old but D still convicted even though he was attempting the impossible

Question 10

Factual impossibility

Answer 10

s1(2) – a person may be found guilty even though the facts of the case are such that the commission of the offence is impossible

Question 11

Legal impossibility

Answer 11

s1(3) in any case where -
a) apart from this subsection a persons intention would not be regarded as having amounted to an intent to commit and offence but,
b) if the facts of the case has been as he believed them to be, his intention would be so regarden, then he shall be regarded as having an intent to commit an offence