Attempt

Question 1

What is the principle of attempt?

Answer 1

Where a person tries to commit an offence but for some reason fails to complete it

Question 2

Which act is attempt in?

Answer 2

Criminal Attempts Act 1981

Question 3

What is the statutory definition of attempt?

Answer 3

If they do an act, which is more than preparatory to the commission of the offence, with the intention of committing an offence

Question 4

What is the actus reus of attempt?

Answer 4

An act which is more than preparatory to the commission of the offence

Question 5

What is the mens rea of attempt?

Answer 5

Intent to commit that offence (the mens rea of that offence)

Question 6

What are the steps for attempt?

Answer 6

Criminal Attempts Act 1981
Actus reus
Merely preparatory
Mens rea
Direct/indirect intention
Attempted murder
Recklessness
Exception
Impossibility

Question 7

Which case shows attempted murder?

Answer 7

R v White

Question 8

Which case shows mere preparation?

Answer 8

R v Campbell

Question 9

At which point does something become attempt?

Answer 9

When ‘the merely preparatory acts have come to an end and the defendant embarks upon the crime proper’

Question 10

Which case follows R v Campbell, showing mere preparation?

Answer 10

R v Geddes

Question 11

How can you tell if something is more than preparatory?

Answer 11

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?

Question 12

Which case shows attempted burglary?

Answer 12

R v Boyle and Boyle

Question 13

Which case shows examining a padlock with cutting equipment is attempted burglary?

Answer 13

R v Tosti

Question 14

Which case shows getting in a car and pointing a gun at someone is attempted murder?

Answer 14

R v Jones

Question 15

Which case shows a lack of the mens rea of attempted theft?

Answer 15

R v Easom

Question 16

Which case shows conditional intent is not sufficient for attempt?

Answer 16

R v Husseyn

Question 17

What is the mens rea of attempted murder?

Answer 17

Must be an intention to kill

Question 18

Which case shows there needs to be an intent to kill for attempted murder?

Answer 18

R v Whybrow

Question 19

Can recklessness be sufficient for attempt?

Answer 19

No

Question 20

Which case shows recklessness is not sufficient for attempt?

Answer 20

R v Millard and Vernon

Question 21

What is the exception to the recklessness rule for attempt?

Answer 21

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

Question 22

Which case demonstrates the exception to the recklessness rule?

Answer 22

AG Ref No 3 of 1992

Question 23

What is the impossibility rule for attempt?

Answer 23

It does not matter if it was impossible (so long as they have the actus reus and mens rea)

Question 24

Which case shows the impossibility rule for attempt?

Answer 24

R v Shivpuri