Attempts (Paper 1)

Question 1

What is an attempted crime

Answer 1

The main offence has been attempted but not completed

Question 2

Definition from Section 1 Criminal Attempts Act 1981

Answer 2

If, with intent to commit an offence…a person does an act which is more than merely preparatory to the commission of the offence

Question 3

Decision in Jones

Answer 3

D must do an act which is more than preparatory to the full offence

Question 4

2 questions to consider from this case

Answer 4

Geddes

Question 5

First question from the Geddes test

Answer 5

Had the accused moved from planning or preparation to execution or implementation

Question 6

Second question

Answer 6

Had the accused done an act showing that he was actually trying to commit the full offence

Question 7

Mens rea of attempts

Answer 7

D must have the intention for the full offence, recklessness is not enough

Question 8

Mens rea of attempted murder

Answer 8

Intention to kill only (Whybrow)

Question 9

Ruling from Shivpuri

Answer 9

Attempting the impossible is not a defence