Attempts

Question 1

Give an overview of attempted offences and the general principles

Answer 1

First, need to identify the full offence which D was trying to achieve - ie attempted murder, attempted criminal damage etc.

Attempted liability has its own AR + MR under the Criminal Attempts Act 1981 – focus on this when discussing liability

• Cannot attempt a summary only offence (simple assault for example)
• Indictable offences (either way and indictable only offences) can be subject to attempted liability

Question 2

What is required for the AR of an attempted offence?

Answer 2

There needs to be an act that is more than merely preparatory to the commission of the full offence

• There must be a positive act by D; omission cannot attract liability for an attempted offence
• If there is some evidence from which jury could reasonably conclude that D’s acts were not simply preparatory, then it is a matter for the jury to decide as a question of fact
• Jury would look at the available facts and evidence - D must have taken significant steps towards the completion of the full offence
• Consider if D ‘embarks on the crime proper’ when establishing if their act is more than merely preparatory

Question 3

What is required for the MR of an attempted offence?

Answer 3

1) D must intend to commit the full offence

a) So, for attempted murder, the MR is intent to kill

• Intention to cause GBH, which is part of the MR for actual murder, is not enough to establish attempted murder
• Focus on MR of attempted offence and not of the full crime

b) So, for attempted assault occasioning ABH, the MR is intent to cause ABH

• Higher MR for attempted offence than for full offence

2) Intention does include both direct and indirect intent

3) You cannot have an attempted s20 offence or attempted manslaughter

Question 4

Does recklessness play a role in the MR requirements for an attempted offence?

Answer 4

Recklessness has no role for attempted offences, except for attempted aggravated criminal damage

• Must be shown that D intended damage or destruction, but recklessness as to endangerment of life will suffice for the MR of the attempted offence
• Must be an intent for damage though – only recklessness on the endangerment point

Question 5

Does the fact that an offence is impossible to carry out, affect a finding of attempted offence liability?

Answer 5

It is irrelevant to establishment of liability that it may be impossible for D to complete their crime

• Impossibility does not impact on D’s liability for the attempted offence
• D will be judged on the facts as they believed them to be, in establishing MR of the attempted offence

So, for attempted murder:

• If D believed they were shooting at V with a loaded gun with an intent to kill, then if the gun wasn’t loaded, meaning they could not carry out the crime, this does not stop criminal liability being imposed