Attempts

Question 1

s.1(1) Criminal attempts Act

Answer 1

“if, with intent to commit an offence … a person does an act which is more than merely preparatory to the commission of an offence, he is guilty of attempting to commit the offence”

Question 2

An act

Answer 2

Act not omission (R v Nevard)
More than merely preparatory in the commission of an offence
D must have moved part the first act and embarked on the crime proper

Question 3

ARE more than prep

Answer 3

AG’s ref 1 of 1992 - attempted rape, no erection
R v Boyle and boyle - attempted burglary, by door with broken lock and hinge
R v jones - attempted murder, pointed gun in car
R v tosti & white - attempted burglary, inspected padlock
R v dagnall - grabbed woman, attempted rape

Question 4

NOT more than prep

Answer 4

R v gullefer - jumped on greyhound track
R v campbell - standing outside post office
R v geddes - kidnap equipment in school toilet
Mason v DPP - drunk man opened car door to drive

Question 5

Mens rea

Answer 5

Intention to commit the offence
Murder must be intention to kill - r v whybrow
Conditional intent enough - AG’s ref 1&2 of 1979
Recklessness not enough - r v millard and vernon
However if D’s reckless towards one part of offence but has clear intention for another part, enough

Question 6

Impossible crimes

Answer 6

s.1(2) criminal attempts act 1981 states that a person can be guilty of an attempted offence “even though the facts are such that the commission of the offence is impossible”

Question 7

Legal impossibility

Answer 7

Where D is not aware of their actions are not actually illegal
R v Taaffe - currency importing - not guilty

Question 8

Factual impossibility

Answer 8

Where D thinks they are committing a crime but it is not possible
R v shivpuri - drugs but actually vegetables - guilty