Attempts

Question 1

1. D may be liable for attempted..

An attempt is where a person tries to…

Answer 1

D may be liable for attempted [eg. murder/theft/robbery/burglary].

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

Under Section 1(1), the ACTUS REUS of an attempt is doing an act…

Answer 2

Under Section 1(1), the ACTUS REUS of an attempt is doing an act which is more than merely preparatory to the commission of the offence. Going beyond mere preparation means ‘embarking on the crime proper’, set out in Gullefer, Boyle and Boyle, and Campbell, or ‘being in the executory phase’, (Geddes and Tosti.)

Here [eg. D had already broken the lock of the door, so had gone beyond the merely preparatory and was embarking on the crime proper, being in the executory phase].

Question 3

3. Under Section 1(2), a person can be guilty of an attempt even if…

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

4. The MENS REA of an attempt is direct/specific intent…

Answer 4

The MENS REA of an attempt is direct/specific intent to commit that offence, defined in Mohan as deciding to bring about that offence.

Question 5

5. Recklessness…

Answer 5

Recklessness is not enough, as in A-G’s Ref (no 3 of 1992).

Question 6

6. Conditional intent may be enough, as in…

Answer 6

Conditional intent may be enough, as in Easom, Husseyn and AGs Refs No 1 and 2 of 1979. For attempted murder, intention to cause GBH is not enough and there must be an intention to kill, as in White.

Question 7

7. To Conclude…

Answer 7

To Conclude, as the AR and MR are present, D will be liable for attempted [eg. murder/theft/robbery/burglary] and can be sentenced as if for the full offence.