Attempt Flashcards

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1
Q
A
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2
Q

Definition of attempt

A
  1. with intent to commit an indictable offence
  2. a person does an act which is more than merely preparatory to the commission of the offence
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3
Q

Actus reus of attempt

A
  1. Liability for actions: person will not be liable for omission
  2. More than merely preparatory
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4
Q

Mens rea

A
  1. Direct or indirect intention
  2. Offences with ulterior mens rea : ulterior mens rea must be proved
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5
Q

Attempts and impossibility

A

1 Offence may be impossible:
- as to the end result (for example if D pickpockets a V only to find their pocket is empty); or
- as to the means (such as D tries to stab sb with a paper straw)

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6
Q

Mens rea and impossibility

A

Ex: D => intend to kill V => pulls the trigger => no bullet
AR: action gone beyond merely preparatory
MR: guily of attempted murder as judged on the facts as D believed them to be loaded

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