Attempts Flashcards
1
Q
Definition of attempts
A
With intent to commit an offence a person does an act that is more than merely preparatory to the commission of that offence (S.1(1) Criminal Attempst Act 1981).
2
Q
Actus Reus
A
- An act which is more than merely preparatory.
- D must have embarked on the crime proper (S.1(1) & Gullefer).
- D must be trying to commit the full offence (Geddes).
3
Q
Mens Rea
A
- D must have the intention to commit the full offence (S.1(1) CAA 1981), its his decision to bring about the consequence or aim or purpose (Mohan).
- A conditional intent is sufficient (AG Ref No.1 & 2 1979), e.g. where you intend to steal anything of value.
- Recklessness is not normally enough for attempts (Millard & Vernon), attempted murder.
- Mens Rea for murder (Whybrow), intention to kill only.
4
Q
Attempting the impossible
A
It is possible to be guilty of attempting something which is legally or factually impossible (S.1(2) & S.1(3) CAA 1981). Shivpur case overruled Anderton v Ryan.
