attempts

Question 1

define an attempt and what section is it under and what crimes does it apply to

Answer 1

an attempt is where a person tries to commit an offence but fails to complete it defined in the criminal attempts act 1981 it only applies to crimes which are triable either way or indictable

Question 2

what section is the ar under and what is the ar and what cases defined it

Answer 2

under 1(1) the ar of an attempt is doing an act which is more than mereley preparatorty to the commission of the offence going beyond mere preparation mean embarking on the crime proper set out in Gullefer Boyle and Boyle and campbell or being in the executoty phase geddes and tosti

Question 3

can a be person be guilty of an attempts if it is impossible

Answer 3

under section 1(2) 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 and Taaffe

Question 4

What is the mens rea of an attempt?

Answer 4

The mens rea is direct/specific intent to commit that offence defined in mohan as deciding to bring about that offence

Question 5

is recklessness enough

Answer 5

recklessness is not enough as AG’s Ref (no 3 of 1992)

Question 6

can conditional recklessness be enough

Answer 6

conditional recklessness may be enough as in Easom Husseyn and AG’s Ref No1 and No2 of 1979 for attempted murder intention to cause GBH is not enough and there must be an intention to kill as in white