Attempts

Question 1

Define

Answer 1

An attempted crime is under S1(1) Criminal Attempts Act 1981 if with intent to commit an offence(…), a person does an act which is more than merely preparatory to the commission of the offence, he is guilty of attempting to commit the offence. An attempt occurs when a person tries to commit an offence but fails. The D had the MR for the crime but fails to complete it

Question 2

(R v Gullefer)

Answer 2

AR of an attempt is that the act must be more than preparatory

Question 3

CofA asks (R v Geddes)

Answer 3

Has the D moved from planning/ preparing to execution and implementation?
Has D done an act that he was actually trying to commit the full offence or has he got himself into a position/ equipping himself to do so?

Question 5

(Boyle+ Boyle)

Answer 5

Where there is an offence the D will be held guilty of an attempt to commit the full offence

Question 6

(Jones)

Answer 6

If the D has done everything he could before committing the offence- jury decide

Question 7

(Mohan)

Answer 7

Under MR for attempts, D is required to have the MR for the full offence

Question 8

(Whynbrow)

Answer 8

Prosecution must always prove an intention to kill, implied not enough

Question 9

(Husseyn)

Answer 9

If prosecution cannot prove intent then not guilty

Question 10

(AGs Ref 1+2)

Answer 10

Conditional intent- if D has an intention to steal IF there was anything worth stealing he could be charged with an attempt to steal

Question 11

CS- theft

Answer 11

CS not sufficient (Husseyn), (Easom)- no intention to permanently deprive so no attempted theft

Question 12

Impossibility

Answer 12

Under S1(2) the Criminal Attempts Act 1981 D may still be guilty of an attempt even though the facts are such that the commission of the offence is impossible ( Shivpuri).
S1(3) even if the results they intended if achieved would not be the crime they believed would be committed