Attempts

Question 1

An attempt is

Answer 1

An attempt is where a person tries to commit an offence but, for whatever reason, fails to complete it.

Question 2

Charged under

Answer 2

S1(1) of the Criminal Attempts Act 1981:
“If, with intent to commit an offence to which this section applies, a person does an act which is more than merely preparatory to the commission of the offence, he is guilty of attempting to commit the offence.”

Question 3

AR

Answer 3

Ø Actus reus of attempt – this must be a positive act on the way to the commission of the full offence. A-G’s Ref (No1 of 1992) (1993) - It must be an act that is ‘more than merely preparatory’ to the commission of the main offence. This is a matter of fact for the jury to decide. R v Campbell (NOT attempted robbery) Boyle v Boyle (attempted burglary)

Question 4

MR

Answer 4

Ø Mens Rea of attempt – This is usually the direct intent for the completed offence. - For murder, there is only liability for an attempt if the accused has the direct intent to kill (intent to cause GBH is NOT enough for attempted murder!) R v Whybrow (attempted murder) R v Jones - If the prosecution cannot prove that the D had intention, then the D is not guilty of the attempt, R v Easom - If the accused is merely reckless, he will NOT be liable for an attempt, R v Millard and Vernon However, there is an exception because recklessness for one part of the offence can be sufficient, A-G Ref no 3 (1992)

Question 5

The impossible

Answer 5

S1(2) of the Criminal Attempts Act 1981:

Ø Attempting the impossible - 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, i.e. he has gone beyond mere preparation, whilst having the mens rea for the completed offence. R v Shivpuri (attempted drug smuggling), R v Jones (attempted inciting of child for sex)