Attempts Flashcards
What Act defines attempts?
Criminal Attempts Act 1981, s.1(1)
Actus reus elements of attempts
An Act
Which is more than merely preparatory towards committing an offence
Mens rea of attempts
Intent to commit the full offence
Conditional intent is possible
Recklessness is not included
Cases for the element An Act (attempts) - what is not enough for an act
Has to be a positive act - omission is not enough
Nevard
Which is more than merely preparatory towards committing an offence - what must the D have done and what test needs to be done - what questions need to be asked - case
Geddes test says that we need to ask two questions:
1. Has D moved from planning to execution or implementation?
2. Has D done an act showing they are actually trying to commit the offence, or has D only gone so far as getting ready to commit it?
The D must have moved past the first act and embarked on the crime proper - Gullefer
Intent to commit the full offence - what is not enough for attempted murder, include a case, describe what intention is included here
Mohan - Direct intention = D’s aim or purpose
Must intend to kill, intention to inflict GBH is not enough for attempted murder - Whybrow
Case for Conditional intent is enough
Conditional intent - only committing the offence if it is worthwhile to the offender
AG’s Ref (No 1 and 2) of 1979
Case for Recklessness is not enough alone
Attempts do not allow recklessness (Millard and Vernon)
Recklessness however may be enough for one part of the offence if there is clear intention for another part (AG’s Ref (3 of 1994))
What is another area we need to cover for attempts?
Impossibility
Impossibility - types of impossibility and Act which defines it
Criminal Attempts Act 1981, s.1(2) states that a person can be guilty of an attempted offence:
“even though the facts are such that the commission of the offence is impossible”
Legal impossibility
Factual impossibility
Legal Impossibility, Factual Impossibility - what are they, with a case included for both
Legal - It is when the D is not aware that the offence they are committing is an offence which is unknown to law (Taaffe)
Factual - When D is trying to commit an offence which they know is illegal, but cannot carry it out due to circumstances they are unaware of (Shivpuri)
