Criminal attempt Flashcards

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1
Q

What is the definition for criminal attempt and where is it found?

A

Criminal attempt act 1981 s.1(1)
‘if, with intent to commit an offence, 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’

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2
Q

What is the actus reus for a criminal attempt?

A

person does an act which is more than merely preparatory to the commission of the offence

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3
Q

what is the mens rea for a criminal attempt?

A

intention to commit that offence

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4
Q

what is the mens rea for attempted murder

A

has to be express malice aforethought and cant be attempt GBH as decided in R v Whybrow

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5
Q

what is a definition for ‘merely preparation’ and where did it come from?

A

R v Gullefer
‘more than merely ‘preparatory’ means that the defendant should have ‘embarked proper on the crime’

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6
Q

case examples showing ‘mere praparation’

A

R v Rowley
R v Geddes

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7
Q

cases showing more than mere preparation

A

DPP v Moore
R v Jones
R v Tosti

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8
Q

what happens if the crime is impossible but the defendant has still attempted

A

it is still seen as an attempt
e.g. R v Shivpuri

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