Preliminary Offenced (Attempted Crimes)

Question 1

Attempted crimes

Answer 1

When the main offence has been attempted but not completed. D has attempted to commit the full crime but had failed

Question 2

Section 1 criminal attempts act 1981

Answer 2

If with the intent to commit an offence… a person does an act which is more than merely preparatory to the commissions of the offence, he is guilty of attempting to commit the offence

Question 3

Stage 1 preliminary offences

Answer 3

An act which is more than merely preparatory. The D must do an act which is more than preparatory to the full offence
R V JONES

Question 4

2 questions to consider if the act was more than merely preparatory (GEDDES)

Answer 4

1) had the accused moved from planning or preparation to execution/implementation

2) had the accused done an act showing that he was actually trying to commit the full offence

Question 5

Stage 2 preliminary offences

Answer 5

The D must have the intention for the full offence
(Recklessness is NOT enough)

Question 6

Stage 2 preliminary offences ~side rule

Answer 6

Attempting the impossible is not a defence . You can still be found guilty because you had the mens rea to commit the offence
SHIVPURI

Question 7

What does the case (R V whybrow) say

Answer 7

The mens rea of attempted murder is the intention to kill only