Attempts

Question 1

Attempts Legislation

Answer 1

Criminal Attempts Act (CAA) 1981

Question 2

What does s1(1) of the CAA tell us? - AR

Answer 2

A person is guilty of attempting to commit an offence if they do an act which is more than merely preparatory to the commission of the offence.

It is a question of fact whether the accused has gone sufficiently for towards the full offence to commit an attempt.

Question 3

When looking at the AR, whether the act was more than merely preparatory, consider…

Answer 3

• has D moved on from the planning and preparation stage to the execution and implementation stage?
  (Geddes - not satisfied) - in Campbell attempted robbery, in Jones attempted murder satisfied
• Has D embarked on the crime proper? (Quadriceps and Khan)

Answer 4

• has D moved on from the planning and preparation stage to the execut

Question 5

What type of offence is an attempt?

Answer 5

Specific intent - requires an intention to commit an offence - you must prove intention of an offence (aim, purpose, objective) eg. In the crime of murder - express/implied malice will suffice, but in attempted murder, only express malice (intention to kill) is enough.

Question 6

What does s1(2) CAA 1981 tell us ** EXTRA*

Answer 6

You can be guilty of attempting the impossible.
‘ A person may be guilty of attempting to commit an offence even though the facts are such that the commission of the offence is impossible.’

• eg. D attempts to pick Vs pocket, but unaware that the pocket is empty, D tries to murder V with a knife, but unknown to D he died that morning (Shivpun)

Question 7

Summary of attempts

Answer 7

1 - Criminal Attempts Act 1981
2 - AR - do an act which is more than merely preparatory to the commission of the offence
- has D moved from planning/preparation to execution/implementation? (Geddes)
- had D embarked on the crime proper? (Quadriceps and Khan)
3 - MR - an offence of specific intent - must prove intention of an offence (aim, purpose, objective)