Criminal Attempts (paper 1)

Question 1

What type of offence?

Answer 1

Preliminary offence
Crimes of specific intent
Statutory offence

Question 2

Definition

Answer 2

Defined in s1(1) of crim attempts at 1981
‘Act which is more than merely prepatory towards commission of full offence, with intent to commit the full offence’

Question 3

Actus Reus

Answer 3

Doing an act which is more than merely prapatory
Not defined or explained in act, courts have developed tests

Question 4

Cases where Ds act was not MTMP

Answer 4

Gullefer - not attempted theft (only if he embarked on the crime proper)
Geddes - not attempted kidnapping
Campbell - not attempted robbery (needed to go in PO and approach counter)

Question 5

Cases where D’s act was MTMP

Answer 5

Jones - attempted murder (not taken safety catch off, but pointed gun at head)
Boyle + Boyle - attempted burglary (had broken padlock but had not entered)
Tosti (and white) - attempted burglary (not entered but had cutting tools in hedge)

Question 6

Men’s Rea

Answer 6

S1(1) of act
Intention to commit full offence
Recklessness cannot be MR (miller v vernon)
Recklessness can be MR for one part of crime shown in AGs ref (petrol bombs - endangering life with arson)

Question 7

Impossibility of the act

Answer 7

Defined in s1(2)
Can still be liable if crime was impossible to complete
Shivpuri (powder was not drugs - but still guilt of attempting drugs offence)
Jones (guilty of attempting to meet 12 yr old even though was a police woman)

Question 8

No defence of withdrawel

Answer 8

No defence if D’s act was MTMP
No credit or changing mind
Toothill - attempted sexual offence, even tough he has withdrawn after ringing doorbell

Question 9

What crimes can be attempted?

Answer 9

Usually - TEW and indictable offences, murder, s18, theft, robbery, burglary
Not usually - summary offences, manslaughter

Question 10

Procedure

Answer 10

Always a matter for the jury to decide
Max sentence is the same for the full offence