attempts

Question 1

starting point

Answer 1

a person is guilty of attempting to commit a criminal offence under s1(1) of the criminal attempts act 1981 if they commit an act that is more than merely preparatory to the commission of the offence, with the intent to commit the offence.

Question 2

starting point no 2

Answer 2

in each case it is a question of fact as to whether the d had moved from the merely preparatory stage and gone sufficiently far enough towards the commission of the full offence. specifically, had the d actually tried to commit the offence ? or had they simply equipped themselves to commit the offence

Question 3

actus res of attempt

Answer 3

an attempt must be a positive act, not an omission and an act that is more than merely preparatory to the commission of the offence

Question 4

r v shivpuri

Answer 4

a defendant can be guilty of attempting to commit an offence even if they do not succeed. they need only the intent to commit the crime and they need to have taken steps towards its commission

Question 5

r v why brow

Answer 5

for a conviction of attempted murder the defendant must have the specific intent to kill