Attempts

Question 1

What act establishes attempts

Answer 1

S1 Criminal Attempts Act 1981

Question 2

How are attempts defined

Answer 2

If with intent to commit an offence to which this section applies 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

Question 3

What is the first aspect of Ar?

Answer 3

S1(1) More than merely preparatory-an act that is more than simply preparation for the main crime
R v Gullefer - jumping on track was merely preparatory
Boyle and Boyle- breaking lock was more than merely preparatory

Question 4

What is the mens rea of attempts

Answer 4

Intention as would be required for the full offence R v Easom
Conditional attempt enough- AG Ref Nos 1 and 2 1979
Attempted murder- prosecution must prove an intention to kill not cause gbh R v Whybrow
Attempting the impossible- S1(2) & (3) D now guilty R v Shivpuri/ Jones

Question 5

What is the test used for attempts

Answer 5

R v Geddes 1. Has accused move from planning or preparation to execution 2. Has accused done an act showing he was actually trying to commit full offence or had only got as far as getting ready or putting himself in a position or equipping himself to do so