Attempts

Question 1

D may be liable for

Answer 1

attempted…

Question 2

An attempt is where

Answer 2

a person tries to commit an offence, but fails to complete it, defined in the Criminal attempts Act 1981

Question 3

Under section 1(1),

Answer 3

the ACTUS REUS of an attempt is doing an act which is more than merely preparatory to the commission of the offence.

Question 4

Going beyond mere preparation means

Answer 4

embarking on the crime proper set out in Gullefer, Boyle and Boyle and Campbell or being in the executory phase, as in Geddes

Question 5

Here D had already… so had gone

Answer 5

beyond the merely preparatory and was embarking on the crime proper, being in the executory phase

Question 6

Under Section 1(2)

Answer 6

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 7

Here although it was impossible

Answer 7

for D to… as…, he can still be guilty of attempted… as his actions were more than preparatory

Question 8

The mens rea of an attempt is

Answer 8

direct/specific intent to commit that offence, defined in Mohan as deciding to bring about that offence

Question 9

Recklessness Is

Answer 9

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

Question 10

Conditional intent may be

Answer 10

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 11

Here D…so there was

Answer 11

intention to.., a decision to bring about that consequence. It was more than recklessness, and it was not conditional intent.

Question 12

To conclude

Answer 12

, as the AR and MR are present D will be liable for attempted… and can be sentenced as if for the full offence