Attempts (AO1) Flashcards
What is the AO1 plan for attempts divided into?
-Definition
-Actus Reus
-Mens Rea
-Attempting the impossible
What would you write for introduction?
The law on attempt is governed and defined by S1(1) of the Criminal Attempts Act 1981:
“If a person does an act which is more than merely preparatory to the commission of the offence, he is guilty of attempting to commit the offence.”
What is the law on attempt governed and defined by?
S1(1) of the Criminal Attempts Act 1981
What is Actus reus AO1 split into?
-S1(1) more than merely preparatory
-Jones
-Geddes
What would you write for S1(1) more than merely preparatory?
-Actus reus must be a positive act on the way to commission of the full offence, and it must be an act “more than merely preparatory” to the commission of the main offence.
-Jury decide whether the actus reus is preparation of proximate to completed offence.
What would you write for case of Jones?
In R v Jones there was an attempted offence - the D went beyond mere preparation when he got into the Vs car
What would you write for case of Geddes?
In R v Geddes the act was held to be merely preparatory, The Ds actions were only merely preparatory, he did not go beyond.
What is Mens Rea of attempts AO1 split into?
-Easom
-Whybrow
-Millard and Vernon
-A-G Reg (1979)
What would you write for Easom AO1?
The D must have the direct intention to commit the full offence, R v Easom - The D did not have the direct intention to steal the items
What would you write for Whybrow?
In cases of attempted murder, intent to cause GBH is not enough, must be intent to kill. R v Whybrow - The D had the direct intention to kill his wife
What would you write for Millard and Vernon?
Recklessness is not enough mens rea to amount to an attempt, R v Millard and Vernon - The D had only been reckless he did not have the direct intention
What would you write for A-G Reg(1979)?
Conditional intent initially not enough but may be now following recent decisions decided in A-G Reg(1979). This means the case of Easom would’ve resolved in Easom guilty
What would you write for attempting the impossible Ao1?
-S1(2) and s1(3) Shivpuri
-Taafe
What would you write for Shivpuri?
-D can be guilty of impossible crime if gone beyond mere preparation and had direct intent, R v Shivpuri - D was guilty of attempting the impossible as long as he had gone beyond mere preparation
What would you write for Taafe?
-Can’t be guilty if attempting an offence which isn’t actually an offence, R v Taafe - D believed importing foreign currency was a crime but it wasn’t, conviction quashed
