Criminal attempt

Question 1

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

Answer 1

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’

Question 2

What is the actus reus for a criminal attempt?

Answer 2

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

Question 3

what is the mens rea for a criminal attempt?

Answer 3

intention to commit that offence

Question 4

what is the mens rea for attempted murder

Answer 4

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

Question 5

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

Answer 5

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

Question 6

case examples showing ‘mere praparation’

Answer 6

R v Rowley
R v Geddes

Question 7

cases showing more than mere preparation

Answer 7

DPP v Moore
R v Jones
R v Tosti

Question 8

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

Answer 8

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