Attempts Flashcards
What as is an example of an attempt
White 1910
Definition of an attempt
s 1 (1) of criminal attempts act 1981: intent to commit an offence a person does an act that’s more than merely preparatory
What does attorney gen ref no.1 of 1992 say about attempts
D need not embarked on crime proper or have reached the point of no return
What does more than really prepatory mean
Embarked on the crime proper Gullefer 1987
What’s a case with an example of acts that are only preparory
Geddes 1996
What questions did the COA think should be considered concerning attempts
Had accused from planning and prep to execution and impl
Has accused done an act showing actually trying to commit full offence
What does Boyle 1987 tell us
Offence can be attempted if a series of acts are done
does intent have to be shown by prosecution for attempts
Yes easom 1971
Can you be charged with an attempt if your intent is conditional
Yes after attorney gen ref 1979
Can attempted murder be an attempt with intent to cause GBH
No higher level must be shown whybrow 1951
Is recklessness enough for attempts
No it’s not vernon 1987 for the specific offence unless the D commits multiple offences with the main attempt being intent (attorney gen ref 1994)
What does section 1(2) of the Criminal Attempts Act 1981 say about impossibility
Can be guilty even if facts are such the commission of the offence is impossible
What did shivpuri 1986 say about impossibility
PS 1966 used, ss1 (2) and (3) are relevant which state that a) apart from this subsection a persons intention would not be regarded as having amounted to an intent to commit an offence but if the facts of the case would have been as he believed then he shall be regarded as having intent to commit the offence
