attempts

Question 1

definition

Answer 1

under s1 criminal attempts act 1981 an attempted crime is defined “if, with intent to commit an offence to witch this section applies, a person does an act which is more than merely preparatory to the commission of the offence, he is guilty of attempting to commit the offence”

Question 2

ar- test from the act

Answer 2

a person does an act which is more then merely perpetrator
case- white

Question 3

ar- gullefer test

Answer 3

when d embarks on a crime, there will be no point of return.
case- gullefer- more than merely perpetrator

Question 4

ar- geddes test

Answer 4

must be in position to commit the crime, with the opportunity.
case- geddes- more than merely perpetrator

Question 5

mens rea

Answer 5

for murder the mens rea is only required. recklessness is not enough
case- why brow- gbh

Question 6

impossibility

Answer 6

d can still be guilty
case- shivpuri- believed he was moving drugs but it was actually fruit,

Question 7

withdrawal

Answer 7

if accused, you are past the perpotory stage, the crime is already committed.
case-Taylor- attempted arson

Question 8

recklessness relevent

Answer 8

where the d was reckless in committing the offence, there will usually be no liability for an attempt; however, for the offence of rape and aggravated criminal damage, recklessness may have some applications in relation to the circumstances of the offence.

Question 8

conditional intent

Answer 8

committing a crime thats worth committing.