Paper 1.10d - Attempted Crimes Flashcards
What is the definition of an attempted crime?
An incomplete crime where D intends and tries to commit a crime but fails.
What section of what Act is attempted crimes set out in?
s1(1) Criminal Attempts Act 1981.
What is the actus reus of an attempted crime? What are the cases that support this?
D commits an act that is more than merely preparatory.
(Jones) (Gullefer)
One test for the actus reus of attempted crimes is that d must have ‘embarked on the crime proper’. What case stated this?
Gullefer.
One test for the actus reus of attempted crimes is that d must ‘move from planning to preparation’. What case stated this?
Geddes.
What is the mens rea for an attempted crime? What is the case study for this?
Intention to commit the offence.
(Husseyn)
What is the definition of intention and what case defined it?
The decision to bring about a prohibited consequence - Mohan.
What is conditional intent? Is it sufficient for an attempted crime MR (and what case decided this)?
Conditional intent is when a d only intends crime if conditions are met e.g. a thief only stealing if there was something worth stealing.
It is sufficient for MR (AG Ref).
What is recklessness? Is it sufficient for an attempted crime MR (and what case decided this)?
Recklessness is when d foresees risk of harm but acts anyway.
There are conflicting cases allowing/rejecting recklessness (Millard and Vernon) (Khan and Others), but in general, it is not sufficient.
What is the minimum required mens rea for attempted murder and what case decided this?
Intent to kill or express malice - intent to cause GBH is not sufficient.
(White)
D can still be found guilty if their attempted crime is deemed impossible e.g. transporting substance thought to be drugs but aren’t. What case and statute state this?
s1(2) Criminal Attempts Act.
Shivpuri.
