Criminal attempts Flashcards
Where is the law on criminal attempts defined and what is the definition?
Criminal Attempts Act 1981
S1(1) - D is guilty if with intent, he commits an act that is more than merely preparatory to the commission of the offence
What is the principle in the case of R v Gullefer?
D must have started the actual crime, not just prepared to commit it
Which case shows that merely preparatory does not mean the very last act before the crime is complete, just that D had properly started the crime?
R v Jones
What questions are asked to decide whether a crime is more than merely preparatory in Geddes?
- Had the accused moved on from planning/preparation to execution/implementation?
- Had the accused done an act showing he was actually trying to commit the full offence, or had he only gone as far as putting himself in a position or equipping himself to do so?
What is the mens rea for attempts, specified in S1(1)?
D needs direct intention for the offence attempted
What is the legal principle in the case of R v Whybrow?
D cannot have implied malice for attempted murder, it must be express
What case shows that conditional intent is sufficient for attempted theft/burglary?
AG Reference (no. 1 and 2 of 1979)
What does S1(2) of the Criminal Attempts Act 1981 show?
A person may be guilty of attempting to commit an offence even though the facts are such that the commission of the offence is impossible
What section number shows that if the facts as D believed them would give him intent to commit an offence despite it being impossible, he will be treated as having the intent to commit that crime?
S1(3)
Which case reinforces the idea of being able to attempt the impossible?
R v Shivpuri
