Attempted crime

Question 1

S.1(1) CRIMINAL ATTEMPTS ACT 1981?

Answer 1

D will be guilty of attempting to commit an offence, if D has the intent to commit the offence and he does an act which is more than merely preparatory to the commission of the offence.

Question 2

ACTUS REUS?

Answer 2

S.1(1) of the 1981 Act, the prosecution has to show that D has done an act which is more than merely preparatory to the commission of the full offence.

Question 3

A-G’S REF?

Answer 3

D doesn’t need to do the last act before the full offence is complete.

Question 4

GEDDES?

Answer 4

D’s acts are more than merely preparatory when D is actually trying to commit the full offence.

Question 5

MENS REA?

Answer 5

D must have intended to commit the full offence: S.1(1) 1981 ACT.

Question 6

MENS REA- MOHAN/WOOLLIN ?

Answer 6

Where the full offence requires proof of a consequence, the offence of attempts will require proof of either direct (MOHAN) or indirect (WOOLLIN) intention as to that consequence.

Question 7

MENS REA- WHYBROW?

Answer 7

For attempted murder, D must intend to kill.

Question 8

S.1(2) OF THE CRIMINAL ATTEMPTS ACT 1981?

Answer 8

It does not prevent a conviction for attempt if it is factually impossible for D to commit the full offence.

Question 9

CONDITIONAL ATTEMPT?

Answer 9

S.1(2) also means that D can still be guilty of an attempt if he has a conditional intent- i.e. D intends to commit the full offence IF a certain condition is met.