Attempts

Question 1

Actus reus of attempts

Answer 1

An act more than merely preparatory
Whether the D has got sufficiently close to committing the full offence
Campbell

Question 2

Mens Rea of attempt

Answer 2

Intention to commit the full/complete offence
Must be intention, normally recklessness is not sufficient
Woollin

Question 3

Definition of attempt

Answer 3

Conduct by D with the aim of committing an offence which for some reason does not succeed or is abandoned

Question 4

Definition of attempt under s1(1) Criminal Attempts Act

Answer 4

“… With intent to commit a person does an act which is more than merely preparatory to the commission of the offence…”

Boyle v Boyle

Question 5

Which statutory authority and section defines attempt?

Answer 5

Existed at common law
Regulated at statute
Defined by s1(1) Criminal Attempts Act

Question 6

Attempt to supply drugs

Answer 6

S1(1) Criminal Attempts Act 
Must be to commit an indictable or triable either way offence 
Act must more than merely preparatory 
Intention to commit full crime
Possible to attempt the impossible

Question 7

Attempted arson

Answer 7

Needs to be more than merely preparatory
D will need to have embarked on the case properly (Gullefer)
No need for the D to have performed the last act that it was possible and necessary for him to do before committing the full offence.
The mens Rea is that of the completed crime

Question 8

Attempting the impossible

Answer 8

• Outside the intervention of D’s own competence
• Absence of the target object
• Absence of some vital actus reus element - D manages to do everything set out to do but it turns out that he has not committed an offence