Criminal Law - Attempts (10) Flashcards
What are attempts?
Attempts: Individuals can be guilty of attempting to commit an indictable criminal offence, known as an inchoate offence (s1 Criminal Attempts Act 1981).
(1) Incomplete Attempt: The Defendant attempted but failed to complete all necessary steps of the offence.
>(A) enters a shop with a gun intending to rob it, but is apprehended before completing the offence.
(2) Complete Attempt: The Defendant completed all necessary steps but the desired result did not occur.
>(A) places a bomb in (B)’s car and detonates it intending to kill them, but they survive.
(3) Impossible Offences: Defendants can also be found guilty of an attempt even if commission of the full offence is impossible (s1).
>(A) attempts to sell (B) a Class A drug. Unbeknownst to them, the ‘drug’ is actually sugar. They are nonetheless charged with attempting to sell a Class A drug (R v Shivpuri).
(4) Exclusions: Individuals cannot be charged with attempting all types of offence.
Summary-Only: One cannot attempt a summary-only offence.
Accomplice: One cannot attempt to be an accomplice.
What are the necessary elements of an attempt?
Elements of Attempt: An attempt occurs where an individual commits an act which is more than merely preparatory to the commission of an offence with intention to commit that offence.
Actus Reus
Actus Reus: The Defendant must: a) commit an act; b) more than merely preparatory to committing the offence.
(1) Action: There must be a positive act (omissions do not suffice).
(2) More Than Preparatory: The act must exceed mere preparatory stages of the offence, meaning the Defendant has ‘embarked on the crime proper’ (R v Gullefer).
>This is a balance between actions taken and actions yet to achieve, as weighed up by the jury.
>(A) waits in the bushes for (B) to arrive. This is merely preparatory. (A) tries to fire a gun at (B) as they pass, but the gun jams. This is more than merely preparatory (R v Jones).
Mens Rea
Mens Rea: The Defendant must intend to commit the full offence (subject to ulterior mens rea offences).
(1) Intention: The Defendant must intend to commit the offence, including conditional intent.
Result Crimes: Defendants must also intend the result of a ‘result crime’. For example, they must intend to kill for attempted murder, even though this is not necessary for the full offence (R v Whybrow).
(2) Ulterior MR: The Defendant must intend the base element of an offence, but can be reckless to any ulterior MR.
>(A) intends to have sex with (B), but is reckless to their consent. This is sufficient for attempted rape (R v Khan).
>(A) intends to damage property by fire, but is reckless to endangering life. This is attempted aggravated arson.
