Attempts Flashcards
AR
Cannot be liable for omission.
Requires an act that is more than merely preparatory.
When the merely preparatory acts have come to an end and the
defendant embarks on the crime proper.
MR
Must intend to commit the specific offence attempted.
Offences with an ulterior mens rea
For some offences e.g. aggravated criminal damage, the defendant must intend or be reckless as to destroying or damaging property, but also intend or be reckless as to endangering life.
Intent to be proved relates to criminal damage. For the ulterior mens rea (endangering life), all that needs to be established is either intended or was reckless in endangering life of another.
Attempts and impossibility
May be impossible as to the end result or means e.g. stab someone with paper straw but can be guilty still.
MR - D judged on facts as they believed them to be.