Criminal Attempts Flashcards
Criminal Attempts
S 1 Criminal Attempts Act 1981
attempting to commit an offence
S1(1)
TEST
- If, with intent to commit offence (which section applies) D does act which is more than merely preparatory to making such offence, D is guilty of attempting to commit offence.
S1(1A)
- what D had in mind while doing act will be treated as an offence to which the sections applies.
S1(1B)
- applies to an act if done in England and Wales AND
- more than merely preparatory
S1(2)
- person can be guilty of attempt even if the fact are such that commission of offence is impossible.
S1(3) impossibility
- a) apart from this ss a person’s intention would not be regarded as having amounted to an intent to commit an offence, BUT
- b) if the facts of the case had been as he believed them to be, his intention would be so regarded
S1(4)
- this section does not apply to:
- conspiracy
- aiding, abetting, councelling, procuring, or suborning
- suicide, encouraging or assisting
- encouraging or assisting serious self harm
- assisting offenders: accepting or agreeing to accept consideration for not disclosing information about an arrestable offence
S1(5)
- section DOES apply to low-value shoplifting.
S1A - extended jurisdiction for certain attempts. (applies to theft and fraud)
- if applies to an act - what the person had in view of doing will be treated as the offence.
- **applies if **in England and wale, more than merely preparatory and a Group A offence in meaning of Part 1 Criminal Justice Act 1993 (ie theft and fraud act)
‘more than merely preparatory’
it is the AR for attempts (incohate offences)
scope:
you must know what is required of the AR and MR of the offence attempted and apply the facts.
TEST:
AG’s Reference (No 3 of 1992) (1994)
- “One way of analysing the situation is to say that a defendant, in order to be guilty of an attempt, must be in one of the states of mind required for the commission of the full offence and did his best, as far as he could, to supply what was missing from the offence.”
Khan
- was held to be more than merely preparatory
- D did not succeed in rape but tried to in a gang bang where others did in fact rape her
- Attempted rape: only intention (reckelssness does not suffice)
- the attempt relates to the physical activity: the mental state of the defendant is the same.”
- Rape: full offence can be intention or recklessness
where not more than merely preparatory:
Geddes
- D went to bathroom of a school with some equipment (rope, knife and cider) he was charged with attempted kidnapping.
- This offence Required: some kind of interaction with the victim (which there wasn’t yet) - all he had done was merely prepare himself for coming into contact with the victim (had not done MORE than merely preparatory)
impossibility
S 1(3) Criminal Attempts Act 1981
- MR is judged on facts as they believe it to be. - even if impossible then applies (imagine trying to bomb a town and not using the right bomb)
Shivpuri (1986)
- What turns what would otherwise, from the point of view of the criminal law, be an innocent act into a crime is the intent of the actor to commit the offence.
Montila [2005]
-For Offence converting criminal property - for offence to be proved, such property must in fact represent the proceeds of criminal conduct or drug trafficking.
