Attempts Flashcards
What is an attempt in criminal law?
An attempt is where a person tries to commit an offence but fails to complete it, as defined in the Criminal Attempts Act 1981.
What types of crimes does the Criminal Attempts Act 1981 apply to?
It applies to crimes which are triable either way or indictable.
What is the ACTUS REUS of an attempt according to Section 1(1)?
The ACTUS REUS is doing an act which is more than merely preparatory to the commission of the offence.
Can an omission suffice for an attempt?
No, an omission will not suffice.
What does ‘going beyond mere preparation’ mean?
‘Going beyond mere preparation’ means ‘embarking on the crime proper’ or ‘being in the executory phase’.
What happens if D is only in the preparation stage?
If D is only in the preparation stage, they will not be guilty.
Give an example of going beyond mere preparation.
For example, if D had already broken the lock of the door, they had gone beyond merely preparatory actions and were embarking on the crime proper.
Can a person be guilty of an attempt if the full offence is impossible?
Yes, a person can be guilty of an attempt even if committing the full offence is impossible, provided they go beyond mere preparation.
Provide an example of an impossible attempt.
For example, although it was impossible for D to steal the money as the purse was empty, he can still be guilty of attempted theft as his actions were ‘more than merely preparatory’.
What is the MENS REA of an attempt?
The MENS REA is direct/specific intent to commit that offence, defined in Mohan as deciding to bring about that offence.
Is recklessness sufficient for the MENS REA of an attempt?
No, recklessness is not enough.
What may be sufficient for conditional intent?
Conditional intent may be enough, as seen in AGs Refs No 1 and 2 of 1979.
What is required for attempted murder regarding intent?
For attempted murder, there must be an intention to kill; intention to cause GBH is not enough.
Provide an example of intention to kill in attempted murder.
For example, if D verbally threatened to kill V and then shot at him, there was an intention to kill V, which is more than recklessness.
What is the conclusion regarding liability for attempted offences?
As the AR and MR are present, D will be liable for attempted [eg. murder/theft/robbery/burglary] and can be sentenced as if for the full offence.
