ATTEMPTS

Question 1

What is the definition of an attempt under The Criminal Attempts Act 1981

Answer 1

where a person tries to commit an offence but fails to complete it.

only applies to to crimes which are triable either way or indictable

Question 2

Under S1(1) what is the actus reus for attempts?

Answer 2

Doing an act which is more than merely preparatory to the commission of the offence

omission will not surface

Question 3

What does going beyond mere preparation mean?

Answer 3

Embarking on the crime proper or being in the executory phase (Tosti and Boyle and Boyle)

Question 4

What does section 1(2) state?

Answer 4

a person can only be guilty of an attempt even if committing the full offence is impossible provided they go beyond mere preparation (SHIVPURI and TAAFFE)

Question 5

What is the mens rea of an attempt?

Answer 5

specific intent to commit that offence ~ Mohan

recklessness is not enough ~ A-Gs Ref (no 3 of 1992)

Question 6

What does AG Refs No1 and 2 of 1979 state?

Answer 6

Conditional intent may be enough

Question 7

What is the rule for attempted murder?

Answer 7

intention to cause GBH is not enough and there must be an intention to kill (WHYBROW)

amended in Easom and Husseyn