Attempts Ch10 Y2 Flashcards
What is the section, subsection, and act which defines attempts
S1(1) of the Criminal Attempts Act 1981
What is the definition of an attempt
If, with intent to commit an offence, … , a person does an act which is more than merely preparatory.
What is the Actus Reus of an attempt?
An act which is more than merely preparatory
What is the mens rea of an attempt?
Intent to commit that offence
What does AG’s Ref 1 state?
(Attempts)
D need not have performed the last act before the crime proper
What does R V Gullefer State?
D must have gone beyond purely preparatory acts, and be embarked on the crime proper.
What 2 cases illustrate only preparatory acts?
R v Geddes
R v Campbell
What cases illustrate that there was an attempt
R v Boyle & Boyle
R v Tosti
R v Jones
What does R v Easom illustrate?
(Attempts)
D must have the same intention as would be needed for the full offence.
What does R v Whybrow illustrate?
Intent to GBH is not sufficient for Attempted Murder, only intent to kill is.
What does R v Millard and Vernon state?
Recklessness is not a sufficient mens rea for attempts
What does S1(2) of the Criminal Attempts Act 1981 state?
A person may be guilty of an attempt, even though the facts are such that that commission of the offence is impossible.
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