Attempts

Question 1

What types of offence can be the subject of a charge of attempt?

Answer 1

Indictable offences (almost all)

Question 2

What is the actus reus for an attempt?

Answer 2

Defendant must do an act that is more than preparatory to the commission of the full offence

Question 3

What is the general court approach for establishing if an act is “more than preparatory”?

Answer 3

The defendant has “embarked on the crime proper” (can be somewhat late in the process)

Question 4

What is the mens rea for attempt?

Answer 4

Defendant must intent to commit the specific offence attempted

This can include both direct and indirect intent

Question 5

What is the impact of impossibility on attempt?

Answer 5

Will not prevent establishment of actus reus even if the crime the defendant was attempting to commit was impossible

Question 6

What does R v Whybrow say about the required MR for attempted murder?

Answer 6

An intent to do really serious harm is not sufficient for attempted murder