Attempts Flashcards
Act
Criminal Attempts Act 1981
Definition
When a person does an act which is more than merely preparatory
More than merely preperatory
Had the accused moved from planning or preparation to execution
Had the accused done an act showing that he was actually trying to commit the full offence
Mens rea
Must have the intention to commit the offence
Conditional intent (only stealing if there is something worth stealing) would make the D guilty of the offence
MR for attempted murder
The D must have expressed intent (intent to kill)
Impossibility
If the offence is physically or legally impossible then there was no offence
Legally - when someone thinks his actions are committing an offence when they are not
Physically - in Jones, where D tried to solicit young girls for sex. He met up with a 12 year old who was actually a police officer. D argued the girl was not real so it was impossible