Preliminary offence (attempts) topic 15

Question 1

what is an attempt?

Answer 1

where a person tries to commit an offence but for some reason fails to commit it.

Question 2

What is the AR and MR of an attempt?

Answer 2

AR - when a person does an act which is more than merely preparatory to the commission of the offence.
MR - have the same intention as would be required for the full offence.

Question 3

Why were the actions in R v Geddes and R v Campbell held to be mere preperation?

Answer 3

R v Geddes - he had no contact with any pupil
R v Campbell - he had not tried to enter the post office yet he was arrested too quick

Question 4

Why were the defendant’s actions held to be more than merely preparatory in R v Boyle and Boyle, R v Tosti and R v Jones?

Answer 4

R v Boyle and Boyle - the door handle was damaged
R v Tosti - he had padlock cutters ready and figured out his best course of action to get in.
R v Jones - he got in the car and threatened her

Question 5

Summarise the importance of R v Easom and R v Husseyn

Answer 5

If the prosecution can’t prove he/she had intention then he/she is not guilty

Question 6

What is the MR of attempted murder?

Answer 6

Intention to kill not just serious injury

Question 7

Is it possible to attempt the impossible?

Answer 7

Yes, R v Shivpuri