Attempts

Question 1

What does the case of Whybrow determine?

Answer 1

There is a higher level of MR for attempted murder than there is for murder

Question 2

What does S.1 (1) Criminal Attempts Act determine?

Answer 2

A person is guilty of an attempt if he does an act which is more than merely preparatory to the commission of the offence with the intention of committing an offence

Question 3

What does S.1 (2) CAA state?

Answer 3

A person may be guilty of attempting to commit an offence even though the facts are such that the commission of an offence is impossible

Question 4

What does S.1 (4) CAA state?

Answer 4

This section states that the offence is limited to indictable and triable either way offences

Question 5

What is stage one of attempts?

Answer 5

The D must do an act which is more than merely preparatory to the commission of an offence

Question 6

What is stage two of attempts?

Answer 6

Any special rules on attempts

Question 7

What is stage three of attempts?

Answer 7

Mens Rea

Question 8

What does the case of Shivpuri tell us?

Answer 8

D could be guilty of an attempt even if the full offence was impossible

Question 9

What case tells us the MR for an attempt can be direct or oblique intent?

Answer 9

Walker and Hayes

Question 10

What does the case of Millard and Vernan tell us?

Answer 10

Recklessness is not sufficient for an attempt even if the full crime is a basic intent offence

Question 11

What does the case of Quadir tell us?

Answer 11

It must be shown that the acts of the D crossed the threshold between preparation and embarked on the commission of the crime

Question 12

What does the case of Gullefer determine?

Answer 12

For it to be MTMP it was determined that the D must have ‘embarked on the crime proper’

Question 13

What is the MR for attempts?

Answer 13

For an attempt the D must intent to commit the AR of the offence