Criminal Attempts

Question 1

Charged under

Answer 1

s1 Criminal Attempts Act 1981

Question 2

What can you attempt?

Answer 2

Indictable offences e.g. murder, manslaughter, robbery

Question 3

Define

Answer 3

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

Question 4

AR more than merely preparatory

Answer 4

Does evidence show that D has done an act which shows he has actually tried to commit the offence or got himself ready or put him in an equipped position to do so.

(R v Campbell) - more steps could be taken before the offence could occur.

Question 5

MR for result crimes (murder)

Answer 5

(R v Mohan) - D is required to have the direct/indirect intent to kill not just to cause GBH.

Recklessness is not enough.

Question 6

MR ABH/GBH

Answer 6

D must have intention to cause these.

Question 7

Conditional attempt (theft)

Answer 7

(AG Ref 1 and 2) - D has the conditional intent to steal (looking through someone’s bag and then not finding anything to steal) - could still be charged and found guilty of attempted theft.

Question 8

Impossibility

Answer 8

(R v Shivpuri) - D can be found guilty where the potential offence is impossible.

Thought he was carrying drugs - was legal snuff.