Attempts

Question 1

Where is the definition of attempts defined ?

Answer 1

The criminal attempts act 1981 s1.1

Question 2

What is the actus reus of attempts?

Answer 2

The actus reus is an act which is more than merely preparatory to the commission of the full offence

Question 3

What is the mens rea of attempts

Answer 3

With intention

Question 4

Before attempts was defined what tests were used to decide if an offence was an attempt or not ?

Answer 4

The last act test
The proximity test
The rubicon test
The series of acts test

Question 5

What is the last acts test?

Answer 5

Had D done the last act he could do before committing the crime

Question 6

What is the rubicon test ?

Answer 6

Has d gone beyond the point of no return? (Has he crossed the rubicon)

Question 7

What is the series of acts test?

Answer 7

This requires d to perform a series of acts that would have led to the commission of the full offence if d had not been interrupted

Question 8

What is the proximity test?

Answer 8

Were the defendants acts so immediately connected with the actus reus of the offence to justify liability for attempts?

Question 9

What did the court of appeal decide about the case of Gullefer?

Answer 9

They decided that merely preparatory meant that the defendant must have gone beyond purely preparatory acts and be embarked on the crime proper

Question 10

What questions did the court of appeal decide would be relevant to ask when deciding if something was an attempt or not?

Answer 10

Had the accused moved from planning or preparation to execution or implementation

Had the accused done an act to show that he was actually going to commit the offence or had he simply gotten ready/ into position ?

Question 11

Which 3 cases demonstrated attempts which were upheld ?

Answer 11

Boyle and Boyle
Tosti
Jones

Question 12

What must the defendant have to be convicted of attempted murder?

Answer 12

Intention to kill . Intention to cause harm is insufficient

Question 13

The prosecution always has to prove a higher level of mens rea in attempted murder. This was said in which case?

Answer 13

Whybrow

Question 14

Which case said that recklessness for mens rea was insufficient to be guilty of an attempt?

Answer 14

Millard and vernon 1987

Question 15

Recklessness to one part of the men’s rea can be sufficient -decided in which case ?

Answer 15

AGR no.3 of (1992) 1994

Question 16

S1.2 of the Criminal attempts act states what?

Answer 16

A person may be guilty of attempting to commit an offence…. Even though the facts are such that the commission of the offence is impossible

Question 17

Combining s1.2 and 1.3 of the criminal attempts act 1981 ,means what ?

Answer 17

A person can be guilty of an attempt even if the commission of the full offence was impossible

Question 18

What did the House of Lords use to overrule Anderton V Ryan?

Answer 18

Practice statement

Question 19

What is the definition of attempts ?

Answer 19

An ACT which is more than merely preparatory to the commission of the full offence

Question 20

An attempted offence is an inchoate offence. What does this mean?

Answer 20

This means that the offence is incomplete