Attempts

Question 1

s.4(1) CRIMINAL ATTEMPTS ACT 1981

Answer 1

“The attempt is punishable under the same extent as the substantive offence”

*A charge or attempting to commit an offence can only be brought if the full offence is one which is TRIABLE ON INDICTMENT (s47/ s20 /theft)

Question 2

S1(1) Criminal Attempts Act 1981

Answer 2

Just state that the definition is found there ^

Question 3

AR of attempts

Answer 3

• A person does an act which is MORE THAN MERELY PREPARATORY to the commission or the offence
  WHITE

What is more than merely preparatory is a matter for the jury to decide

Going beyond mere preparation… JONES - once D got into V car and pointed gun at V, more than preparatory

Question 4

GEDDES 1996

Answer 4

POL - CA thought following 2 questions should be considered for jury to decide if D’s actions were more than preparatory.a

1) Had the accused moved from planning and prep to execution or implementation?

2) Had the accused done an act showing that he was actually trying to commit the full offence or had he got as far as only getting ready?

Question 5

MR Attempts

Answer 5

• D must normally have th same intention as would be require for the full offence.
• If th P can’t prove that D had her intention to commit the offences then D is not guilty of attempt.

Question 6

s.20 attempts

Answer 6

s20 can be carried out INTENTIONALLY or RECKLESSLY but to be guilty of an attempt to commit a s20, prosecution has to prove that D had INTENT to commit some harm

Question 7

Murder attempt

Answer 7

• D can be found guilty of murder if it is proved that he intended to kill or cause GBH
• For attempt murder the prosecution must prove that D had intention to kill. Intention to cause GBH is not sufficently