Attempts Flashcards
Attempt definition
If D, with intent, does an act which is more than merely preparatory, they are guilty of committing the offence.
Elements of an attempt
More than merely preparatory + intent for the crime
Case for more than merely preparatory
Boyle & Boyle
Intent for the crime case + explanation
Husseyn - D must fulfill MR of the crime being attempted
Exception for merely satisfying MR
Murder: Requires express intent only, implied intent to GBH is not enough to convict attempted murder (Whybrow)
Exception for recklessness?
Recklessness is not enough to create an attempt (Millard and Vernon) unless arson (AG ref no 3 of 1992)
Exception for attempting the impossible?
No exception for attempting an impossible crime (s.1(2) Criminal Attempts Act 1981) (Shivpuri)