Attempt

Question 1

Attempt

The meaning of “Inchoate”

Answer 1

“Incomplete” offence

Question 2

Attempt

At what point is is an “Attempt” punishable and what types of offence are subject to being punished for Attempt?

2 points…

Answer 2

When the Ds actions are “more than merely preparatory”

Requires proof that:
*D did an act more than merely preparatory
*To the commission of an indictable offence
*With intent to commit that offence

Indictable and either-way offences are the only ones punishable for attempt.

Question 3

Attempt/Mens Rea

What is the Mens Rea for Attempt and what rule changed?

Answer 3

MR is “Intention to commit the offence”- standard rule is as per “Khan”- D needs intention only for Conduct and Consequence elements of AR and recklessness suffices for Circumstances.

“PACE” states that intention is required for all 3 elements of the AR, but academic opinion is that this should be confined to “Impossible Attempts” only.

“Khan” rule used for standard Attempt cases.

Conditional Intent is sufficient to count.

Question 4

Attempt/Impossible

Is Defendant Guilty if the Offence being attempted is impossible?

Answer 4

Yes. If on the facts as the D believed them to be, he would have been guilty of an attempt, D is guilty (assuming a more than preparatory attempt of an indictable or either-way offence)

Question 5

Attempt/AR

Can an Attempt be committed by Omission?

Answer 5

No.