Preliminary Offences

Question 1

Governed by

Answer 1

S1(1) criminal attempts act 1981

Question 2

AR: Attempts apply to crimes that are triable either way or indictable BUT NOT summary offences

Answer 2

S1(4) criminal attempts act 1981

Question 3

AR: Failed attempt

Answer 3

White

Question 4

AR: A person can be guilty of attempting to commit an offence, although it is impossible for it to be achieved

Answer 4

S1(2) criminal attempts act 1981

Question 5

AR: Legal impossibility

Answer 5

Taaffe

Question 6

AR: Factual impossibility

Answer 6

Shivpuri

Question 7

AR: A positive act that is more than merely preparatory

Answer 7

S1(1) criminal attempts act 1981

Question 8

AR: The D must have gone beyond merely preparatory acts and embarked on the crime proper

Answer 8

Gullefer

Question 9

AR: The D doesn’t have to perform the last act before the crime proper nor do they have to reach the last point of no return

Answer 9

Attorney general reference (no1 of 1992)

Question 10

AR: Questions if actions where mere preparation of more than merely preparatory:
had the D moved from planning to execution/implementation?
Had the D done an act showing that they were actually trying to commit the full offence?

Answer 10

Geddes

Question 11

MR: Recklessness will not satisfy the MR

Answer 11

Millard and vernon

Question 12

MR: intend the act which is more than merely preparatory and intend to commit the full offence both need to be direct intent

Answer 12

Mohan

Question 13

MR: Intention to kill was sufficient for the Mr of attempted murder

Answer 13

Whybrow

Question 14

MR: conditional intent

Answer 14

Attorney general reference (no1 and 2 1979)

Question 15

MR: the D must have direct intent for the conduct element but the circumstance element of the offence can be satisfied through direct intent or recklessness

Answer 15

Khan