Attempts

Question 1

What is an attempt?

Answer 1

An incohate offence

Question 2

What summary offences can be attempted under statute law?

Answer 2

Attempting to drive whilst over the limit s4+5 of RTA

Question 3

Can an attempt be through an omission?

Answer 3

No

Question 4

What is the maximum sentence for an attempt?

Answer 4

Whatever the max for the actual offence

Question 5

What act defines the law on attempts?

Answer 5

Criminal Attempts Act 1981

Question 6

What is the definition of attempts?

Answer 6

A person will be guilty of an attempt if: with intent to commit an offence a person commits an act which is MTMP to the commission of the offence

Question 7

What common law tests were used before the CAA?

Answer 7

Series of acts test
Rubicon test
Last act test
Proximity test

Question 8

What did the AG ref no.1 of 1992 state?

Answer 8

S/he need not have reached the point of no return

Question 9

What was the principle in Boyle & Boyle?

Answer 9

Referred to the series of acts test in court

Question 10

What was the principle in Jones?

Answer 10

Established AR for attempted murder

Actions were MTMP- bought a gun, loaded it, jumped into V’s car

Question 11

What was the principle in Gullefer?

Answer 11

Acts were only merely preparatory- still many stages that D had not yet done

Question 12

What was the principle in Campbell?

Answer 12

Acts were only merely preparatory

Question 13

What was the principle in Tosti?

Answer 13

They were trying to commit the full offence therefore their actions were MTMP

Question 14

What was the principle in Geddes?

Answer 14

Not done anything to show he was trying to commit the full offence- MP

Question 15

What case indicated that intention is the MR for attempts?

Answer 15

Whybrow

Question 16

What case decided that recklessness is insufficient for attempts?

Answer 16

Millard & Vernon

Question 17

What offences require more than one element of MR?

Answer 17

Attempted rape and attempted aggravated arson

Question 18

What is the MR of attempted agg arson?

Answer 18

Intention for the arson

Recklessness for endangering life

Question 19

What is the MR for attempted rape?

Answer 19

Intention for sexual intercourse

Recklessness over whether V consented

Question 20

What case confirmed that intention is not required for every element of MR?

Answer 20

AGref no.3 1992

Question 21

What case confirmed the MR for attempted rape?

Answer 21

Khan and Others

Question 22

What is the MR for attempted murder?

Answer 22

Intention to kill (intention to commit GBH is insufficient)

Question 23

Does intention for attempted murder have to be direct or oblique?

Answer 23

Can be both

Question 24

What cases need to be applied for attempted murder if intention was oblique?

Answer 24

Nedrick

Woolin

Question 25

What case confirmed that intention for attempted murder can be oblique?

Answer 25

Walker and Hayles

Question 26

What case introduced conditional intent?

Answer 26

Easom

Question 27

What case allowed D's conviction to be quashed due to the wording of the charge?

Answer 27

Husseyn

Question 28

What case decided that factual impossibility cannot be an attempt?

Answer 28

Haughton v Smith

Question 29

What does the CAA say about factual impossibility?

Answer 29

Not a defence | Can still be guilty although the facts are such that the offence is impossible

Question 30

Did Anderton v Ryan follow CAA- factual impossibility is no defence?

Answer 30

No- followed Haughton v Smith

Question 31

Does Shivpuri follow CAA- factual impossibility is no defence?

Answer 31

Yes- clear that is is not a defence for an attempted crime