Attempt

Question 0

A-G Ref No.1 of 1979

Answer 0

Conditional intent my be sufficient provided D has resolved to commit the crime should the condition arise.

Question 1

Mason

Answer 1

D must broach commission of the actus reus to do an act that is more than merely preparatory.

Question 2

Khan

Answer 2

For circumstance elements of the substantive offence, it is sufficient that D knows, believes or is reckless as to the existence of these elements if knowledge, belief or recklessness suffices for the full offence.

Question 3

A-G Ref No. 3 of 1992

Answer 3

D must intend consequence elements yet to be realized (the “missing elements”). For consequence elements already realized D’s mens rea must be that required to commit the full offence.

Question 4

Cox

Answer 4

D may be convicted of an attempt even if the evidence indicates he was guilty of the full offence.

Question 5

A-G Ref No.1 of 1979 (distinguish)

Answer 5

A conditional intent will suffice for attempts if D has resolved to commit the crime should the condition be satisfied (distinguish Husseyn on procedural grounds, there the charge was couched in overly specific terms)

Question 6

Shivpuri

Answer 6

Overturning Anderton v Ryan; if D intended to commit an impossible crime, believing the facts and circumstances necessary to commit the crime were present, he is guilty of an impossible attempt, regardless of whether his conduct is “objectively innocent” or “objectively criminal”