Attempts

Question 1

S1(1) Criminal Attempts Act 1981

Answer 1

Define: With intent, he commits an act that is more than merely preparatory to the commission of the offence

Question 2

Gullefer

Answer 2

D must have started the actual crime, not just prepared

Question 3

Jones

Answer 3

More than merely preparatory does not mean it must be the last act before the crime is complete

Question 4

Geddes

Answer 4

To work out of crime more than merely preparatory:

• has D moved from planning/prep to execution/implementation
• has D done an act showing he was trying to commit the full offence or had he only got as far as getting ready/equipping himself to do so?

Question 5

Whybrow

Answer 5

D cannot have implied malice for murder- only express

Question 6

Easom

Answer 6

In past conditional intent could not be used for attempted theft

Question 7

Husseyn

Answer 7

D can only have conditional intent if have specific object in mind (past)

Question 8

AG Ref 1/2 1979

Answer 8

Conditional intent is enough for attempted theft/burglary

Question 9

S1(2)

Answer 9

Person may be guilty of attempting to commit an offence even if facts are such that it would be impossible to commit the offence

Question 10

S1(3)

Answer 10

If facts as D believed then to be would give him intent to commit an offence, he will be treated as having intent

Question 11

Shivpuri

Answer 11

Confirmed it is a crime to attempt to do the impossible

Question 12

General MR rules

Answer 12

Has to be direct intent

Intend to perform the AR