Attempts

Question 1

What is the men’s Rea for attempt

Answer 1

• with intent to commit that offence
• R v Easom

Question 2

What is the actus reus for attempt

Answer 2

-a person does an act which is more than merely preparatory to the commission of the offence
(R v Boyle)

Question 3

How is it decided if an act is ‘more than merely preparatory’

Answer 3

• court of appeal decided attempts should be considered by answers from 2 questions:
• had accused moved from planning or preparation to execution or implementation?
• has the accused done an act showing that he was actually trying to commit the full offence

Question 4

What did the criminal attempts act 1981 set out

Answer 4

• previously, if the crime was impossible to commit, then there is no offence. E.g. if D goes to stab a man in bed but he has already died from a heart attack
• afterwards - it is possible to be guilty of attempting the impossible

Question 5

What 3 offences can not be subject of an attempt

Answer 5

• assault
• battery
• unlawful and malicious wounding or causing of GBH

Question 6

What is the definition of ‘attempt’

Answer 6

If, with intent to commit an offence, a person does an act which is more than merely preparatory to the commission of the offence, he is guilty of attempting to commit the offence