Criminal Attempts

Question 0

What does inchoate mean?

Answer 0

Incomplete

Question 1

What is a criminal attempt also known as?

Answer 1

Inchoate offence

Question 2

What report contains reform proposals for the criminal attempts act 1981?

Answer 2

Law commission’s report conspiracy and attempt 2009

Question 3

What is the actus reus of attempt?

Answer 3

The doing of an act which is more than merely preparatory to the commission of the substantive offence

Question 4

What are the two types if criminal attempts?

Answer 4

Complete

Incomplete

Question 5

What is a complete attempts?

Answer 5

The person has done all they believe they need to in order to achieve the intended result but fails for some reason

e.g setting off a bomb that doesn’t go off

Question 6

What is an incomplete attempt?

Answer 6

Where the defendant has done more than merely preparatory acts but had not taken the last step

e.g. Planted a bomb but stopped before it’s detonated

Question 7

What did the law commissions report conspiracy and attempts 2009 propose for reform in the criminal attempts act 1981?

Answer 7

That an omission be included only for the offence of attempted murder. That attempted murder be able to be committed where the defendant was under legal duty to act with intent to kil

Question 8

What is the mens rea for attempt offences?

Answer 8

The defendant must act with intention to commit the offence. If the mens rea is recklessness, then the mens rea intention

Question 9

What is the mens rea for attempted murder and murder?

Answer 9

Attempted murder: intention to kill

Murder: intention to kill or cause grievous bodily harm