Attempt Flashcards
What is the act?
Criminal Attempts Act 1981
What is the definition?
If 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
What must an attempt be?
A positive act, not an omission
An act that is ‘more than merely preparatory to the commission of the offence’ (MTMP)
Can an act which is merely preparatory be an attempt?
No
Case for a merely preparatory action?
R v Campbell
R v Campbell
Approached post office with a knife and threatening note - Merely preparatory as didn’t enter and threaten
Case for more than merely preparatory
R v Jones
R v Jones
D got into V’s car and pointed gun at him - only had to pull trigger to commit full crime
Mens rea of attempt?
Normally an intent to commit the full crime and reckless will not suffice
What are two new offences regarding attempting the impossible
Factual impossibility
Legal impossibility
Factual impossibility section
s 1(2)
Factual impossibility
May be found guilty of attempt even though the facts are such that the commission of the offence is impossible
Legal impossibility section
s 1(3)
Legal impossibility
If the facts of the case had been as he had believed, then he shall be regarded as having had an intent to commit that offence
Key case for attempting the impossible
R v Jones
