Attempts Flashcards
what is an attempt?
where a defendant attempts an offence but does not carry it through.
what are attempts governed under?
S1 Criminal Attempts Act 1981
what is the actus reus of an attempt?
‘more than merely preparatory to the commission of the full offence’
what is the mens rea of an attempt?
the intention to commit the desired crime.
what case examples can be used for the actus reus of an attempt?
White - D attempted to poison his mum, but she had a heart attack before she could drink it. D guilty of attempted murder.
Gullefer - D tried to sabotage a horse race when he knew he’d lost his money on a bet and wanted a refund. D guilty of attempted theft.
Geddes - D entered a school with a knife and tape in his bag but didn’t speak to anyone. D not guilty of attempted kidnap.
what case examples can be used for the mens rea of an attempt?
Whybrow - D wired up his wife’s bath and caused her to have an electric shock. D guilty of attempted murder.
Shivpuri - D ‘attempted the impossible’. Believed he was smuggling drugs through an airport, after testing turned out to be crushed vegetable stock. Intention was there so guilty of an attempt.
will a defendant be guilty if they decide to withdraw from the crime?
no, unless they have gone more than merely preparatory.
