Attempts Flashcards
What Act set out attempts and what did it say?
S1(1) of the Criminal Attempts Act 1981 - D is guilty if, with intent, he commits an act that is more than merely preparatory to the commission of the offence.
What is the AR of an attempt?
To perform an act that is more than merely preparatory to committing the crime.
What did Gullefer say?
D must have started the actual crime, not just prepared to commit it.
What did Jones say?
More than merely preparatory does not mean the very last act before the crime is complete; just that D started the crime proper.
What does Geddes say?
To work out if a crime is more than merely preparatory, we should ask:
- Had the accused moved from planning to execution
- Had the accused done an act showing that he was actually trying to commit the full offence, or had he only put himself in a position to start trying.
What is the MR of an attempt?
Having intention for the crime. - Always use Mohan.
What does Whybrow show?
For attempted murder, D must have express malice, not implied. D must directly intend to kill.
What does AG Ref (1 and 2 of 79) show?
Conditional intent is fine for attempted theft.
What does S1(2) show?
A person may be guilty of attempting to commit an offence even though the facts are such that the commission of the offence is impossible.
What does S1(3) show?
If the facts as D believed them to be would give him intent to commit an offence, even though in reality it would be impossible to commit that offence, he will be treated as having the intent to commit that crime.
What does Shivpuri show?
It is a crime to attempt to do the impossible.
How should you explain impossibilty?
S1(2) and (3), as confirmed by Shivpuri, show that D will be guilty of attempting a crime that was actually impossible to complete, if D believed it was actually possible to complete.
