Preliminary Offence - Attempt

Question 1

Attempt

Answer 1

Criminal attempts act s.1(1) 1981 - ‘if, with intent to commit an offence to which this section applies, a person does an act which is more than merely prepatory to the commission of the offence, he is guilty of attempting to commit the offence’.

Question 2

To trial an attempt

Answer 2

If the main crime can be tried in a higher court with a jury (triable on indictment), then someone can be charged for just attempting to commit that crime. If the main crime can only be tried in a lower court without a jury (triable summarily), then someone usually can’t be charged for merely attempting it - just the crime itself.

Question 3

Attempt - case

Answer 3

White - attempted murder

Question 4

Actus reus

Answer 4

A person does an act which is more than merely prepatory to the commission of the offence.

Question 5

Mens rea

Answer 5

With intent to commit that offence.

Question 6

Prepatory acts

Answer 6

An attempt begins when ‘the merely prepatory acts have come to an end and d embarks on the crime proper’. More than merely prepatory means that d must have gone beyond purely prepatory acts, to the point of no return.

Question 7

Prepatory acts- cases

Answer 7

Attorney - General’s Refrence (no.1 of 1992) - attempted rape, conviction held
Gullefer - merely prepatory actions, no conviction for attempted theft
Geddes - merely prepatory actions, no conviction for attempted false imprisonment

Question 8

Attempts should be asked 2 questions

Answer 8

1) had d moved from planning or preparation to execution or implementation?
2) had d done the act showing he was trying to commit the full offence, or had he got only as far as getting ready, or putting himself in a position, or equipping himself to do so?

Question 9

Attempt - case

Answer 9

Campbell - no conviction for attempted robbery

Question 10

Cases where there were attempts - more than merely prepatory

Answer 10

Boyle and Boyle - attempted burglary
Tosti - intention to burglar, found guilty
Jones - attempted murder

Question 11

The intent of attempts

Answer 11

D must have the intention to commit the full offence, however a conditional intent is sufficient. Recklessness is not normally sufficient but as to part of the offence, it may be sufficient.

Question 12

Mens rea - cases

Answer 12

Millard and Vernon - quashed conviction for attempted criminal damage
Attorney General’s reference (no. 3 of 1992) - recklessness to whether life was endangered
Easom - conditional intent
Husseyn - quashed conviction for attempted theft

Question 13

Mens rea of attempted murder

Answer 13

There needs to be proven a higher level of intention than for the full offence of murder. The prosecution has to prove an intention to kill, not just GBH. If there is no death and evidence that d wanted to kill, it is more of an s.18 offence rather than an attempted murder.

Question 14

Attempted murder - cases

Answer 14

White - v was already dead
Whybrow - v survived

Question 15

Attempting the impossible

Answer 15

S.1(2) and (3) of the criminal attempts act (1981) state that d is considered guilty even if the full offence if legally or physically impossible.

Question 16

Impossibility - cases

Answer 16

Shivpuri - attempted drug dealing
Anderton v Ryan - innocent acts, not stolen video recorder.