Attempts

Question 1

What is an Attempt? :

An Attempt is…

Answer 1

An attempt is where a person tries to commit an offence, but fails to complete it, defined in
the Criminal Attempts Act 1981.

Question 2

What is the Actus Reus?

Under Section 1(1) the Actus Reus is…..

Answer 2

Under Section 1(1), the ACTUS REUS of an attempt is doing an act which is more than
merely preparatory to the commission of the offence.

Going beyond mere preparation
means ‘embarking on the crime proper’, set out in Gullefer, Boyle and Boyle, and
Campbell, or ‘being in the executory phase’, as in Geddes

Question 3

Under Section 1(2): A person can be….

Answer 3

Under Section 1(2), a person can be guilty of an attempt even if committing the full offence
is impossible, provided they go beyond mere preparation, as in Shivpuri

Question 4

What is the Mens Rea?

The Mens Rea of an Attempt is…

Answer 4

The MENS REA of an attempt is direct/specific intent to commit that offence, defined in
Mohan as deciding to bring about that offence.

Question 5

Recklessness is….

Answer 5

Recklessness is not enough, as in A-G’s Ref (no 3 of 1992).

Question 6

Conditional Intent may be…

Answer 6

Conditional intent may be enough, as in Easom which concerned an attempted theft.
For attempted murder, intention to cause GBH is not enough and there must be an
intention to kill, as in White.

Question 7

To Conclude….

Answer 7

To conclude, as the AR and MR are present, D will be liable for attempted [eg.
murder/theft/robbery/burglary] and can be sentenced as if for the full offence.