Attempts

Question 1

Attempt

Answer 1

S.1 (1) criminal attempts act 1981- if with intent to commit an offence to which this section applies, a person does an act which is more than merely preparatory

Question 2

1. AR- more than merely preparatory

Answer 2

R v gullefer- d must go beyond purely preparing acts and be embarked on the crime proper

R v geddes- 1. Has d moved from planning or preparation to execution or implementation. 2. Has d done an act showing he was actually trying to commit the full offence

Question 3

2. MR - Intention for full offence

Answer 3

Same intention as required for full offence

R v millard and vernon- must be intent for the full offence, subjective recklessness is not enough

S.1 (1) - criminal attempts act- intent to commit a crine

Attempted murder- r v whybrow- prosecution must prove intent to kill

Attempted theft- r v easom- not attempt as no intent for full offence.

Question 4

Impossibility

Answer 4

When d intents to commit an offence does everything possible to commit it, but the offence is impossible to commit

Common law pre 1981- where a crime is legally or physically impossible to commit, d not guilty of attempt

R v shivpuri- person can be guilty of attempt even if the full offence is impossible