Attempts Flashcards
Can someone be charged with an attempted summary only offence like attempted simple assault or attempted battery?
No - the y are statutorily barred from this
What must D do to satisfy the actus reus of an attempt?
They must engaged in conduct that is more than merely preparatory to the commission of the full offence
Can D be liable for an omission in the context of an attempt?
No, the statute specifically refers to ‘an act’
What if a care worker fails to show up to an elderly woman and she almost dies of dehydration
As this is an omission there is no culpable act so no attemp
At what stage does the actus reus cross over from being merely preparatory to embarking on the crime proper
Usually quite a late stage like jumping into vs car and pointing the gun at V’s head, but not disgusting yourself and going to the school where they worked
What are the mens rea requirements for attempts?
D must intend to commit the specific offence attempted
In what instance is the mens rea requirement higher for an attempt than the actual offence
As D needs to intend to commit the full offence, in murder cases D must intend to kill the victim to be guilty of attempted murder, whereas to be guilty of murder they need only
Intend to kill or cause GBH
Do both direct and indirect intent apply for the mens rea ?
Yes, so Woolin applies - foresight of the consequence (such as death in attempted murder) works if there is evidence it is a virtually certain consequence of D’s actions and he appreciates this and does them anyway
If someone attempted a s18 assault, why would the prosecution be more likely to go for the s18 than the s20?
Because for s20 you still have to prove that D intended to cause grievous bodily harm (even though the s20 full offence only requires the intention to cause some harm) so they might as well push for s18
Offences with an ulterior mens rea - does the ulterior mens rea also need to be proven?
Yes - eg the prosecution must also prove recklessness or intent as to the endangering of life in addition to the damage or destruction or property - see the fire example at ulaw page 191
What are the two ways an attempt can be impossible
As to the result (D pickpockets a victim but their pockets are empty)
As to the means (D tries to stab someone with a paper straw)
Impossibility in either instance does not prevent the establishment of the actus reus of the attempt
Can someone be guilty of an attempt even if the crime they were intending to commit was actually impossible?
Yes
How does impossibility impact the mens rea of the attempt?
The defendant is judged on the facts of the case as they believed them to be.
Eg shooting someone with a gun with no bullet in it
AR : pulling trigger is More than merely preparatory
MR : intended to kill (thought the gun was loaded)
D arrives at the uk airport with a package he thinks is heroin. It is actually not heroin - can he still be guilty of the importing offence
Yes
AR: more than merely preparatory
MR : had the intention to commit the offence based on the facts as D believed them to be
What is the mens rea requirement for attempted murder?
Intention to kill
