Attempts Flashcards
What is the offence of attempts according to CRIMINAL ATTEMPTS ACT 1981 S.1(1)?
D will be guilty of attempting to commit an offence if D has the intent to commit the offence and he does an act which is more than merely preparatory to the commission of the offence.
What must be proven according to S.1(1)?
Prosecution must show that D has done an act which is more than merely preparatory to the commission of the full offence. The difficulty is deciding where to draw the line.
What does A-GS REF state?
D does not need to do the last act before the full offence is complete.
What does GEDDES state?
Ds acts are more than merely preparatory when D is actually trying to commit the full offence. D will not satisfy the actus reus if he only gets ready or equips himself to commit the full offence.
What cannot satisfy the actus reus?
An omission.
What mens rea is required where the full offence requires proof of a consequence?
Proof of either direct (MOHAN) or indirect (WOOLIN) intention as to that consequence.
What does WHYBROW state about the mens rea required for attempted murder?
D must intend to kill.
What does S.1(2) state cannot prevent a conviction?
It does not prevent a conviction for attempt if it is factually impossible for D to commit the full offence.
What does S.1(2) state about conditional intent?
D can still be guilty of an attempt if he has a conditional intent- D intends to commit the full offence if a certain condition is satisfied.
Once the steps taken towards the commission of the full offence are more than merely preparatory…
it makes no difference whether the failure to complete the full offence is due to D voluntarily stopping or the intervention of the police or any other reason.
