Attempts A01 Flashcards
act and s number?
s.1(1) Criminal Attempts Act 1981
actus reus
must do an act more than merely preparatory to the commission of the offence
R v White
MMP - starting the AR for murder (e.g putting poison in drink)
R v Gullefer
not MMP - had not ‘embarked on the crime proper’
R v Jones (Kenneth)
MMP - pulling out the gun putting his finger on the trigger
R v Campbell
stopped by police too early, actions were not yet MMP
R v Tosti
found guilty of attempted robbery, examining the lock was MMP despite running away after
mens rea (section number and act)
s.1(1) Criminal Attempts Act 1981
mens rea
intention to commit the full offence - R v Mohan
R v Whybrow
MR for attempted murder is intention to kill only - intent is principal ingredient of the crime
R v Walker & Hayes
attempted murder can be committed with the MR of oblique intent to kill - R v Woolin ‘virtually certain’
AG Reference no.1&2 1979
intent must be to take something of value (regarding theft/burgalry) doesnt have to be specific if the crime doesnt refer to specific items
R v Shivpuri
attempting the impossible will be guilty if still had the MR and done an act MMP
R v Taffe
cannot be guilty of an offence that does not exist regardless of MR and intent