Attempts

Question 1

What is the AR and MR of attempt?

Answer 1

AR: an act which is more than merely preparatory. D embarks on the crime proper.
MR: intention of full offence (can be indirect intent but not recklessness)

Question 2

What offences can be committed by an attempt?

Answer 2

-any indictable/either-way offence
-no. of exceptions - e.g. shoplifting (a summary only offence) can be attempted

Question 3

What are the elements of an offence of attempt?

Answer 3

-the offence in Q must be one that can be attempted - indictable
-D commits an act
-the act must be more than merely preparatory
-D must have intended to commit the full offence

(Conditional intent is sufficient)

Question 4

Is factual impossibility a defence to attempt?

Answer 4

No, but legal impossibility is.