Attempts Flashcards
Which statute governs criminal attempts?
The Criminal Attempts Act 1981.
What does s.1(1) of the Criminal Attempts Act 1981 state.
An attempt will be criminal if the act is more than merely preparatory.
What does R v. Gullefer establish?
The principle of embarking on the crime proper. Gullefer had not yet reclaimed his money thus hadn’t embarked on the crime.
What does R v. Jones demonstrate?
Even though the gun’s safety catch hadn’t been removed, the act was still more than preparatory.
Which case demonstrates that inspecting a lock is more than merely preparatory in the commission of burglary?
R v. Tosti.
What is the mens rea of attempted crimes and give the case that established that?
A desire to bring about the full offence. R v. Mohan.
What is the mens rea for attempted murder and give a case?
Intention to kill only. R v. Whybrow.
What other types of mens rea are accepted for attempted crimes and give an example of a case to support this?
Oblique intent - R v. Hayle and Walker.
Conditional intent - Attorney General’s Reference No 1 and 2 of 1979.
What does s.1(2) of the Criminal Attempts Act 1981 state?
An attempt can still occur even if the facts are such that the commission of a crime is impossible.
What happened in R v. Shivpuri?
Smuggling cabbage leaves was enough to be convicted of attempting to be knowingly concerned with the supply of drugs.
What happened in R v. Taafe?
Importing money was not enough to warrant conviction as there was no full offence for smuggling money from abroad.
