attempt

Question 1

what does the criminal attempt act 1981 define

Answer 1

• defines and explains attempted crimes, where a person intends to commit an offence and has the mens rea for the offence but fails to complete the commission of the criminal

Question 2

can all offences be tried as attempts

Answer 2

• usualy only indictable offences( serious crimes) can be tried as attempts

Question 3

actus reus of a attempted criminal under s 11 of the criminal attempts act 1981

Answer 3

• doing an act that is more than merely preparatory to the commisision of the offence

Question 4

what cases are examples of merely preparatory acts

Answer 4

gullefer

campbell

geddes

Question 5

what cases are examples of acts that go beyond merely predatory

Answer 5

jones
tosti
Boyle

Question 6

can an attempt be committed by an omission

Answer 6

no, must be a positive act

Question 7

what questions help determine if the act was merely preparatory or attempt

Answer 7

-has d moved from planning / preparation to implementation/ execution

• has d done acts showing they were reading to commit the offence

Question 7

what tests are used to determine if an act is more than merely predatory

Answer 7

tests such as

executor phase (Geddes - d has materials but was fine merely preparatory)

embarking on the crime proper (gullefer)

going beyond the point of no return (ages ref no1 1992- dragging the victim but failing to complete the crime )

Question 8

whats the mens rea for an attempted crime

Answer 8

• mens rea for an attempt is the intention to commit the offence, even if recklessness is enough for the full offence

Question 9

can recklessness be enough for mens rea in attempted crimes

Answer 9

yes, reckless ness can be suffficnet in some cases

Question 9

what is the required mens rea for attempted murder

Answer 9

• intention to kill, as mere intention to cause grievous bodily harm is insufficient

whybrow

Question 10

can impossibility be a defense to an attempt charge

Answer 10

• no under s 12 of the criminal attempts act, d can be convicted of an attempt even it it was impossible to complete the offence (shivpuri orverruled anderton v Ryan)

Question 10

what is conditional intent in attempted crimes

Answer 10

• when d intends to commit a crime if certain conditons are meet, e.g stealing if valuable items are found

amounts to an attempt

Question 11

what is the impact of s 12 and 13 of the criminal attempts act

Answer 11

• allow for the convection of an attempt even if it was factually or legally impossible to commit the full offence