Attempts AI Flashcards
What is the legal definition of an attempt in criminal law?
An attempt is an act done with the intent to commit a crime that goes beyond mere preparation.
True or False: An attempt can be charged even if the crime was not completed.
True
Fill in the blank: The mens rea required for an attempt is usually _______.
intent
What is the key difference between ‘attempt’ and ‘conspiracy’?
An attempt involves taking direct action towards committing a crime, while conspiracy involves an agreement between two or more people to commit a crime.
Which of the following is NOT a defense against an attempt charge? A) Impossibility B) Withdrawal C) Lack of intent
B) Withdrawal
What must be proven for a charge of attempt to be successful?
That the defendant had the intent to commit the underlying crime and took substantial steps towards its completion.
True or False: The ‘substantial step’ test is used to determine if an attempt has occurred.
True
What is ‘legal impossibility’ in the context of attempts?
Legal impossibility occurs when the act intended is not a crime, even if the defendant believes it is.
Fill in the blank: The _______ test is often used to assess whether a defendant’s actions constituted an attempt.
substantial step
What is the maximum penalty for an attempted crime compared to the completed crime?
The penalty for an attempt is generally less severe than that for the completed crime.
True or False: A person can be convicted of an attempt if they change their mind before completing the crime.
True
What is the ‘unequivocality test’ in attempts?
The unequivocality test assesses whether the defendant’s actions unambiguously demonstrate intent to commit the crime.
Multiple Choice: Which of the following is an example of an attempt? A) Planning a robbery B) Buying tools to commit a robbery C) Trying to break into a bank
C) Trying to break into a bank
What is ‘factual impossibility’ in the context of attempts?
Factual impossibility occurs when a defendant cannot complete a crime due to a factual circumstance, even if their intent was present.
Fill in the blank: A defendant is not guilty of attempted murder if they can prove _______.
they lacked the intent to kill
True or False: Preparation alone is enough to constitute an attempt.
False
What is the significance of ‘abandonment’ in attempt law?
Abandonment refers to a defendant’s decision to withdraw from the attempt, which can be a defense if it is voluntary and complete.
Multiple Choice: Which scenario represents a completed attempt? A) Buying a gun to commit a robbery B) Attempting to fire the gun at a target C) Leaving the scene after planning the robbery
B) Attempting to fire the gun at a target
What does the term ‘inchoate offense’ refer to?
An inchoate offense is a crime that was begun but not completed, such as an attempt or conspiracy.
Fill in the blank: The law distinguishes between _______ attempts and _______ attempts.
imperfect; perfect
True or False: An individual can be charged with an attempt even if they did not intend to commit a crime.
False
What role does ‘preparation’ play in determining an attempt?
Preparation alone is insufficient; the defendant must take substantial steps towards committing the crime.
What are the facts for R v Geddes 1996
D intended to kidnap a boy from school. He was discovered in the boys’ lavatory with a rucksack containing a knife and rope.
What was held for R v Geddes 1996
Not guilty as he didn’t do any acts to get the boy such as finding the boy and grabbing him, it is merely preparatory
