attempts

Question 1

definiton of attempts

Answer 1

• person tries to commit offence
• has mens rea for it
• but fails to complete the offence
• white

Question 2

criminal attempts act 1861

Answer 2

• codifies key ar and mr

Question 3

ar for attempts

Answer 3

s11 criminal attempt act 1861
guilty of an attempt if they do an act that is more than merely preparatory to committing an offencee

Question 4

omission?

Answer 4

no, must be a positive act

Question 5

test to decide if act is more than merely prepartory

Answer 5

in the executory phase - Geddes test , ,
- asks whether d has started carrying out offence , but been interrupted/prevented from doing it

embarking on crime proper - gullerfer test
- see if D has moved beyond preparation to actual steps of committing crime

beyond point of no return.- (ags ref no1 of 1992 test)
- gone beyond point of no return

Question 6

mens rea of attempt

Answer 6

intention to commit offence is required

whybrow - attempted murder - requires intention to kill not just gbh

Question 7

when can recklessness be succifcent for an attempt

Answer 7

if offence has 2 parts to its mr

Question 8

conditional intent

Answer 8

d intents to commit offence only if certain conditions met

ag ref n1 and 2 of 1979, d searches bg , intends to steal smth , only if they find something valuable , still sufficient for attempted theft charge

Question 9

what does s12 say abt impossibility

Answer 9

person can be convicted of an attempt even if offence was impossible to commit

Question 10

example of acts weren’t considered more than merely preparatory

Answer 10

campbell - being outside post office with a gun but not entering wasn’t enough