Attempts

Question 1

Definition

Answer 1

An attempt is where a person tries to commit an offence but, for whatever reason, fails to complete it
S1(1) Criminal Attempts Act 1981

Question 2

Actus Reus :

Answer 2

Must be a positive act on way to the commission of full offence (A-G Ref (No1 of 1992) (1993)
More than mere preparatory to the commission of main offence. Matter for jury to decide R v Campbell hasn’t attempted robbery and Boyle v Boyle attempted burglary.

Question 3

Mens Rea :

Answer 3

• intent for offence
  -For murder only liability if the d had direct intent to kill
  (intent to cause GBH is not enough for attempted murder) R v Whybrow attempted murder R v Jones
  -if prosecution cannot prove the d had intention then d is not guilty R v Eastom
• if accused is merley reckless they will not be liable R v Millard and Vernon
• Is an exception because recklessness for one part of the offence can be sufficient A-G Ref no 3 1992

Question 4

Attempting the impossible

Answer 4

where the attempted offence is impossible to carry out , the accused will still be liable for an attempt if he has carried out the actus reus whilst having mens rea to completed offence r v shivipuri attempted drug smuggling, r v jones attempted inticing child for sex