Attempts Flashcards

1
Q

TRY + FAIL

A
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2
Q

Attempts - How to Apply

A
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3
Q

I- The D may be liable for an attempted crime

A
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4
Q

D- An attempt is defined under Section 1 Criminal Attempts Act 1981 as “Where a D does an act

A
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5
Q

which is more than merely preparatory

A

with the intention to commit the full crime”.

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6
Q

E- Firstly

A

the D must do an act which is more than merely preparatory (Jones)

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7
Q

KEY CASE: Geddes - 2 questions to consider:

A
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8
Q
  1. Had the accused moved from planning or preparation to execution or implementation?
A
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9
Q

A- Apply to the scenario

A
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10
Q

E- 2. Had the accused done an act showing that he was actually trying to commit the full offence?

A
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11
Q

EXAM TIP- Look at the last act done by the D in the commission of the offence. Is this act enough to

A
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12
Q

show beyond doubt that the D would have committed the full offence?

A
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13
Q

A- Apply to the scenario

A
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14
Q

E- The mens rea is that the D must intend to commit the offence

A

recklessness is not enough.

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15
Q

(Mohan)

A
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16
Q

A- Apply to the scenario