ATTEMPTS Flashcards

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1
Q

what is the definition of attempts?

A

s.1 Criminal Attempts Act 1981
• Where a D does an act which is more than merely preparatory, with the intention to commit the full crime.

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2
Q

what is stage 1 of attempts?

A

1) The D must do an act which is more than merely preparatory - JONES.

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3
Q

what is the key case for attempts?

A

GEDDES

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4
Q

what 2 questions does the key case make you consider?

A
  1. Had the accused moved from planning or preparation to execution or implementation?
  2. Had the accused done an act showing that he was actually trying to commit the full offence?
    EXAM TIP - Is the last act done by the D enough to show beyond doubt that the D would have committed the full offence?
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5
Q

what is the mens rea of attempts?

A

MOHAN - The D must intend to commit, recklessness is not enough.
• Tip - Attempts has a higher mens rea than murder because it has a lower actus reus (no one has actually died for attempts).

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