Attempts Flashcards
TRY + FAIL
Attempts - How to Apply
I- The D may be liable for an attempted crime
D- An attempt is defined under Section 1 Criminal Attempts Act 1981 as “Where a D does an act
which is more than merely preparatory
with the intention to commit the full crime”.
E- Firstly
the D must do an act which is more than merely preparatory (Jones)
KEY CASE: Geddes - 2 questions to consider:
- Had the accused moved from planning or preparation to execution or implementation?
A- Apply to the scenario
E- 2. Had the accused done an act showing that he was actually trying to commit the full offence?
EXAM TIP- Look at the last act done by the D in the commission of the offence. Is this act enough to
show beyond doubt that the D would have committed the full offence?
A- Apply to the scenario
E- The mens rea is that the D must intend to commit the offence
recklessness is not enough.
(Mohan)
A- Apply to the scenario