Attempts

Question 1

What is an attempt ?

Answer 1

When a D wants to commit a criminal offence but is unable/unsuccessful

Question 2

How does s.1 Criminal Attempts Act 1981 define attempts ?

Answer 2

“if, with intent, he does an act which is more than merely preparatory to commission of offence, guilt of it”

Question 3

What is the first element of attempts ?

Answer 3

must be a positive act ‘more than merely preparatory’

Question 4

How did Lord Lane define MTMP in R V Gullefer ?

Answer 4

‘when merely preparatory acts come to an end & D embarks on crime proper’

Question 5

What are the 2 tests Coa set out in Geddes to determine if D MTMP?

Answer 5

1)moved from planning to execution?
2) done act which shows trying to commit full offence ?

Question 6

How does R V Boyle & Boyle show MTMP ?

Answer 6

standing next to broken lock convict of attempt burglary as tried to gain entry & embarked on crime

Question 7

How did Jones show MTMP ?

Answer 7

pointing shotgun at V, only needed to pull trigger to commit offence

Question 8

How did R V Campbell not show MTMP ?

Answer 8

although had knife, crash helmet & threatening note not MTMP as not entered post office

Question 9

What is the MR set out in s.1 and confirmed in Millard & Vernon?

Answer 9

intention to commit the full offence

Question 10

What does Att. Gen Ref. No.3 1992 say about the MR of attempts ?

Answer 10

involvement of recklessness not sufficient, however if MR of offence is 2 parts may be sufficient

Question 11

What is the exception of the findings in Gen. Attorney & case ?

Answer 11

murder is exceptional as MR is ‘malice.. express or implied’ and MR for attempts is intentional only (Whybrow)

Question 12

How does s.1(2) and s.1(3) say about physically or legally impossible acts and case ?

Answer 12

can be guilty if they think they r doing so (Anderton V Ryan physical)
(Shivpuri legal)

Question 13

If D is convicted of an attempted crime what is the sentence ?

Answer 13

same as if they did commit the crime