Attempts

Question 1

Definition and act

Answer 1

S1(1) of the criminal attempts act 1981, with intent to commit an offence a person does an act which is more than merely proprietary to the commission of the offence. He is guilty of an attempt.

Question 2

What does merely proprietary mean?

Answer 2

The defendant has several other acts to do before they commit the full offence (gullefer)
Being planned and equipped is not an attempt they must move beyond planning to implementation (geddes)

Question 3

What is the last act rule?

Answer 3

That defended does not need to perform the last act or past the point of no return to be guilty of an attempt (attorneys general reference)

Question 4

What does more than merely proprietary mean?

Answer 4

Moving beyond planning and embarking upon the crime proper (Boyle and Boyle)

Question 5

What is the rule with impossible crimes?

Answer 5

That defendant can be guilty of committing an impossible crime where the crime is technically not possible but the defendant is carrying out acts that complete the crime and has the mens rea (shivpuri)

Question 6

What is the MR?

Answer 6

The defendant needs the MR for the full offence, conditional intent will be enough for an attempt