Attempt Flashcards
What is the principle of attempt?
Where a person tries to commit an offence but for some reason fails to complete it
Which act is attempt in?
Criminal Attempts Act 1981
What is the statutory definition of attempt?
If they do an act, which is more than preparatory to the commission of the offence, with the intention of committing an offence
What is the actus reus of attempt?
An act which is more than preparatory to the commission of the offence
What is the mens rea of attempt?
Intent to commit that offence (the mens rea of that offence)
What are the steps for attempt?
Criminal Attempts Act 1981
Actus reus
Merely preparatory
Mens rea
Direct/indirect intention
Attempted murder
Recklessness
Exception
Impossibility
Which case shows attempted murder?
R v White
Which case shows mere preparation?
R v Campbell
At which point does something become attempt?
When ‘the merely preparatory acts have come to an end and the defendant embarks upon the crime proper’
Which case follows R v Campbell, showing mere preparation?
R v Geddes
How can you tell if something is more than preparatory?
Have they moved form the planning/preparation to execution/implementation? And had they only gone so far as getting ready, putting themselves in a position, or equipping themselves to do the act?
Which case shows attempted burglary?
R v Boyle and Boyle
Which case shows examining a padlock with cutting equipment is attempted burglary?
R v Tosti
Which case shows getting in a car and pointing a gun at someone is attempted murder?
R v Jones
Which case shows a lack of the mens rea of attempted theft?
R v Easom
Which case shows conditional intent is not sufficient for attempt?
R v Husseyn
What is the mens rea of attempted murder?
Must be an intention to kill
Which case shows there needs to be an intent to kill for attempted murder?
R v Whybrow
Can recklessness be sufficient for attempt?
No
Which case shows recklessness is not sufficient for attempt?
R v Millard and Vernon
What is the exception to the recklessness rule for attempt?
If the mens rea is in 2 parts, with one of those parts being intent (and recklessness) and the other being reckless, the first aspect must be intention, but the second part can be recklessness
Which case demonstrates the exception to the recklessness rule?
AG Ref No 3 of 1992
What is the impossibility rule for attempt?
It does not matter if it was impossible (so long as they have the actus reus and mens rea)
Which case shows the impossibility rule for attempt?
R v Shivpuri
