Preliminary Offence - Attempt

Question 1

Attempt

Answer 1

Criminal attempts act s.1(1) - ‘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
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