Attempts Flashcards
What does ‘inchoate’ mean?
‘Inchoate’ means unfinished or incomplete.
What is an inchoate offence?
An inchoate offence occurs when the defendant takes some steps towards committing a crime but the full offence is not committed.
Why do we have inchoate offences?
We have inchoate offences to prevent harm to people or property.
What is required for an inchoate offence to occur?
The defendant’s conduct must reach a certain threshold that warrants criminal liability.
What is the Actus reus (AR) for an attempt?
An act which is more than merely preparatory to the commission of an offence.
What is the Mens rea (MR) for an attempt?
An intention to commit the full offence.
What is the absence of a valid defence in an attempt?
A defendant cannot be convicted for a non-existent crime.
What does section 1 of the Criminal Attempts Act 1981 state?
‘(1) 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 an offence, he is guilty of an attempt to commit that offence.’
What is the significance of R Gullefer [1990] in relation to attempts?
An attempt begins when the merely preparatory acts come to an end and the defendant embarks on the crime proper.
What is an example of an act that constitutes an attempt?
Getting into a car with a loaded gun and pointing it at the victim (attempted murder, Jones (1990) 91 Cr App R 351).
What is required for the mens rea in attempted murder?
The accused must intend to kill.
What does conditional intent mean?
A conditional intention counts as an intention.
What was held in Attorney General’s Reference (No 3 of 1992)?
For an attempt to commit aggravated arson, it was only necessary to prove an intent to achieve what was missing from the full offence.
What are the three main types of impossibility?
Non-existent crime, through inadequacy, and in fact.
What is a non-existent crime?
This arises where the accused believes that what they are doing is an offence, whereas it is in fact lawful.
What does R v Taaffe illustrate about non-existent crimes?
A defendant cannot be convicted for attempting a non-existent crime.
What is impossibility through inadequacy?
This arises where the crime itself is feasible, but the defendants adopt a method that cannot work.
What is impossibility in fact?
The Criminal Attempts Act 1981 has reversed the common law position on impossibility in fact; it is no longer a defence to attempt.
What was held in R v Shivpuri regarding impossibility?
He was convicted of attempting to knowingly be concerned in dealing with a prohibited drug despite the contents being harmless.
What is the summary of the actus reus element of an attempt?
The actus reus element of an attempt is ‘an act which is more than merely preparatory’.
What is the mens rea element of an attempt?
The mens rea element of an attempt is an intention to commit the full offence.
Is impossibility a defence to an attempt?
Impossibility through inadequacy and in fact is no defence to an attempt.
