Attempts Flashcards
What types of offences can be attempted under the Criminal Attempts Act 1981?
Indictable only or either-way offences
Except low-value shoplifting which can be attempted even though it is summary only.
Can the prosecution charge a defendant with both the full offence and the attempt?
No, the prosecution must decide to charge with either the full offence or the attempt.
What constitutes the Actus Reus (AR) of an attempt?
An act which is more than merely preparatory
Examples include getting into a car with a loaded gun and pointing it at the victim (Jones) or looking at a padlock with cutting equipment in the hedge (Tosti).
What is required for the Mens Rea (MR) of an attempted offence?
The accused must intend to bring about the consequences required for the full offence
R v Whybrow.
What is the requirement for intention in a substantive offence with MR of either intention or recklessness?
Proof of intention is required to convict for the attempted offence - oblique intent counts
R v Toole.
How may a jury infer intention in an attempted offence?
If they are satisfied the defendant foresaw the result as a virtual certainty
R v Walker & Hayles.
Does a conditional intention count as intention in the context of attempts?
Yes, a conditional intention still counts as intention
AG’s Ref (Nos 1 & 2 of 1979).
In what situation can recklessness suffice for the Mens Rea of an offence?
Where parts of the MR do not relate to the AR
Example: For aggravated criminal damage, one can be reckless as to endangering life by damage even if the intention is just to damage property.
Is there a defence of impossibility in attempts?
No, there is no defence of impossibility.
What is the principle of non-existent crimes in relation to impossibility?
You cannot turn a lawful act into an unlawful act.
R v Taaffe
What happens in cases of impossibility through inadequacy?
Such a defendant will be convicted of an attempted inchoate offence such as murder.
Is impossibility in fact a defense to attempt?
No longer a defense to attempt as per the Criminal Attempts Act 1981, s 1(2) & (3).
