attempts Flashcards
in what section and act is the law of attempts contained in
in s.1(1) of the Criminal Attempts Act 1981
what does s.1(1) of the Criminal Attempts Act 1981 state
‘if, a person does an act which is more than merely preparatory to the commission of the offence, he is guilty of attempting to commit the offence’
what is the actus reus of attempts
‘a person does an act which is more than merely preparatory to the commission of the offence’
how is ‘more than merely preparatory’ defined
- CAA 1981 doesn’t define ‘more than merely preparatory’
- it’s up to the jury to decide whether the defendant had progressed to something beyond the preparation stage
what did CoA hold in Gullefer to mean ‘merely preparatory’
CoA held that more than merely preparatory means ‘when the merely preparatory acts have come to an end and the defendant embarks upon the crime proper’
what test was established in Geddes by the Court of Appeal
set out two test stage test
1. Has the defendant moved from planning or preparation to execution or implementation
2. has the defendant done an act showing that he was actually trying to commit the full offence or has he only got so far as getting ready
what was confirmed in R v Campbell
that the defendants actions were merely predatory and hadn’t progressed beyond the preparatory stage
what does S.1(2) CAA 1861 state
a person may be guilty of attempting an offence to which this section applies, even though the facts are such that the commission of the offence is impossible
what was confirmed in R v Shivpuri
Defendant was held to be guilty, since he had clearly intended to commit the offence and had carried out an act that was more than merely preparatory
what is the mens rea of attempts
has the defendant acted with an intent to commit the actus reus of the offence
key case for mens rea of attempts
Mohan - direct intention
