ATTEMPTS Flashcards
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.
2
Q
what is stage 1 of attempts?
A
1) The D must do an act which is more than merely preparatory - JONES.
3
Q
what is the key case for attempts?
A
GEDDES
4
Q
what 2 questions does the key case make you consider?
A
- Had the accused moved from planning or preparation to execution or implementation?
- 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?
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).