Attempts

Question 1

What are the 3 types of inchoate offences?

Answer 1

Attempt

Conspiracy

Incitement

Question 2

Statue

Answer 2

Criminal attempts act 1981

Question 3

Actus Reus of attempts

Answer 3

An act that is more than merely preparatory

Question 4

Mens Rea of attempts

Answer 4

Intent to commit an offence - intention must reflect intention require of crime being attempted

Recklessness is not sufficient for an attempt

Question 5

R v gullefer ?

Answer 5

Convicted of attempted theft - quashed as act was not more than mp

Bet on dog, saw dog was loosing so tried to stop race?

Question 6

R v Jones ?

Answer 6

Attempted murder - upheld as act more than mp

V told d she wanted to end relationship, d bought shotgun and shortened barrel - tried to kill v ?

Question 7

R v Campbell

Answer 7

Attempted robbery - quashed as police novus actually intervenius

D had imitation gun? & threatening note and waited outside post office

Question 8

R v Geddes

Answer 8

Attempted false imprisonment - quashed as did not touch kids

D got inside school and went in boys toilets with a knife??

Not more than mp?

Question 9

Rules cases created over attempts - originate from common law

Answer 9

1

in deciding mp all circumstances should be taken into account including offence itself

2

If d has reached last stage then must be guilty of an attempt

3

By not reaching last stage it does not mean that d has not done something more than mp

Question 10

You can attempt the impossible

Answer 10

Haughton v smith - impossible to commit impossible

Anderton v Ryan - cannot be guilty of committing a crime that does no exist

Shivpuri - undid precedent in Anderson
Can be guilty if you have mens rea

Question 11

3 tests aimed to help clarify mp

Answer 11

Proximity test -

work backwards from the act immediately before d about to kill (for example) and if that act is so far back in chain then not considered an attempt

Rubicon test -

When d goes beyond point of no return - burns bridges ?

Series of acts test -

Looks at what point d successfully would have committed crime = an attempt

Question 12

Ao2 evaluation

Answer 12

Arguably rational to criminalise attempts - don’t actually commit

Tests make things more confusing

Puts jury in difficult position - inconsistent as crimes committed as an attempt vary

When does attempt occur - unclear

Attempting impossible can be done - shivpuri - logical ?

Invol and vol mans cannot be attempts as they can only be committed recklessness and recklessness is not sufficient for an attempt

Question 13

Inchoate offences

Answer 13

Incomplete