Attempts Flashcards
What section and act defines an attempt?
Section 1(1) of the Criminal Attempts Act 1981. L
What does section 1(1) Criminal Attempts Act 1981 state?
A person is guilty of an attempt if, with intent to commit an offence, they do an act more than preparatory to the commission of the offence.
What is required for the actus reus of an attempt?
the D’s actions must be more than merely preparatory: this must
be a positive act and not an omission.
What case established that D’s acts must be more than preparatory?
R v White (poisoning mother’s drink).
What did R v Gullefer establish about attempts?
A D is guilty of an attempt if they have ‘embarked on the crime proper.’
What did R v Campbell establish about attempts?
A D who is still in the preparatory stage is not guilty of an attempt.
: What did R v Jones establish about attempts?
The D’s physical brawl with V went beyond preparatory actions, even with the safety cap on the gun.
What is required for the mens rea of an attempt?
The D must have the intention to commit the full offence.
-What case illustrates the mens rea for attempted murder?
R v Whybrow, where D intended to injure but not kill. So the Mr was not met
What is the ruling from AG Ref (No1 and No2) on conditional intent?
D should be charged with attempting theft if they intended to steal some or all of the contents of the bag.
What is the conclusion in an attempt case?
D will or will not be charged with an attempt based on whether all elements of the actus reus and mens rea are satisfied.
