Attempts

Question 1

How is attempts defined?

Answer 1

S1. Criminal attempts act 1981
‘if, with intent to commit an offence to which this section applies, a person does an act which is more than merely prepatory to the commission of the offence, he is guilty of attempting to commit the offence.’

Question 2

Actus reus

Answer 2

S1(1) CAA
‘doing an act which is more than merely prepatory’

Question 3

More than merely prepatory

Answer 3

If they have got as far as to embarked on the commission then there is sufficient evidence of the intended offence

Question 4

Geddes (1996)
The 2 part test

Answer 4

1. Had the accused moved from planning or preparation to execution or implementation
2. Had the accused done an act showing that he was actually trying to commit the full offence, or had he only got as far as getting ready, or putting himself in a position, or equipping himself to do so?

Question 5

Cases where the actions were merely prepatory (2)

Answer 5

Gullefer
Campbell

Question 6

Cases where the actions were more than merely prepatory (3)

Answer 6

AG’s Ref (No 1 of 1992)(1993)
Boyle and Boyle (1987)
Tosti and white (1997)

Question 7

Mens rea

Answer 7

The intention must be required for the full offence (Mohan)

Question 8

Easom (1971)

Answer 8

As there was no evidence of attempted theft he could not be guilty of an attempt

Question 9

Conditional intent

Answer 9

AG ref (Nos 1 and 2 of 1979)
In cases such as Easom the D should be charged with an attempt to steal ‘some or all of the contents ‘

Question 10

Attempted murder

Answer 10

The intention to kill must be proven in the case for attempted murder
Whybrow (1951)
R v white

Question 11

Attempting the impossible

Answer 11

The D is guilty of an attempt even though the full offence was impossible
S1(2) and S1(3) CAA 1981

Question 12

R v Shivpuri - test for attempting the impossible

Answer 12

1. an act which was more than merely prepatory to the commission of an offence and
2. the accused intended to commit the offence