PAPER 1 ATTEMPTS Flashcards
What does S.1(1) Criminal attempts Act 19821 provide?
That ‘if with intent to commit an offence.., a person does an act which is more than merely preparatory to the commission of the offence, he is guilty of attempting to commit the offence’
What is S.1(1)?
Doing an act which is more than merely preparatory to the commission of the offence’
For S.1(1) what must there be what isn’t sufficient?
An act, an omission can’t suffice.
Who decides if the defendant is merely preparatory or more than merely preparatory?
The jury.
APPLY— MTMP/MP
S.1(1) CAA 1981 Provides that the mental element for attempt is what?
Intention
What types of intent are allowed?
Direct or indirect.
In whybrow it was held that what?
For attempted murder the prosecution must prove that the accused intended to kill the victim,
APPLY— has D got intention to commit all elements of the offence?
IF RELEVANT (impossibility)
S.1(2) CAA 1981 provides what?
A person may be guilty of attempting to commit an offence to which this section applies even though the facts are such that the commission of the offence is impossible.
APPLY