ATTEMPTS

Question 1

When does an inchoate offence occur?

Answer 1

when the defendant takes some steps towards committing a crime but the full offence is not committed.

Question 2

What is the actus reus for an attempt?

Answer 2

An act which is more than merely preparatory to the commission of an offence

Question 3

What is the mens rea for an attempt?

Answer 3

An intention to commit the full offence

Question 4

What is a possible defence for an attempted charge?

Answer 4

D cannot be convicted for a non-existent crime (Taaffe)

Question 5

When will an act be more than merely preparatory?

Answer 5

When the merely preparatory acts come to an end and the defendant embarks on the crime proper or the actual commission of the offence. Look at cases to pull analogies:
Not an attempt- merely preparatory:
○ Being outside a post office with a threatening note and fake gun (not attempted robbery,Campbell)
○ Being in school toilets with a knife and rope but no schoolchildren (not attempted false imprisonment,Geddes)
Attempt- more than merely preparatory:
○ Getting into a car with a loaded gun and pointing it at the victim (attempted murder,Jones)
Looking at a padlock with cutting equipment in the hedge ○ (attempted burglary,Tosti)

Question 6

What is the mens rea for an attempted murder charge?

Answer 6

Intent to kill (intention to cause GBH is not enough for attempted murder) (R v Whybrow)
Oblique intent (R v Walker & Hayles)

Question 7

Will conditional intent count as intention for attempts?

Answer 7

Yes (AG ref no.1 & 2 1979)

Question 8

What is the mens rea of the attempt if the MR of the offence includes an element which does not relate to the AR?

Answer 8

Themensreafor an attempt to commit the offence is then an intention to achieve that what is missing from theactusreus, plus themensreafor the full offence.
E.g:
- for attempted aggravated criminal damage there must be intent to damage property (intention to achieve what was missing from the AR) and then intention or recklessness as to endangering life by the damage.

Question 9

What are the 3 main types of impossibility? Which ones will D be liable for?

Answer 9

• non-existent crime (D thinks it is a crime but it is a lawful act - cannot be liable it is a valid defence)
• through inadequacy (can be liable)
• in fact (can be liable)