Preliminary Offences Flashcards
1
Q
Attempts: Definition
A
Criminal Attempts Act 1981:
“If with intent to commit an offence, a person does an act which is more than merely preparatory to the commission of the offence, he is guilty of attempting to commit the offence.”
1
Q
Attempts: Burden of proof
A
Prosecution must prove that the defendant has the actus reus and the mens rea of attempt
2
Q
Attempts: Mere preparation
A
R v Gullefer
Merely an idea or preparing to commit a crime
3
Q
Attempts: going beyond mere preparation
A
R v Boyle and Boyle
Ideas are no longer prepatory and the defendant begins to commit the crime
4
Q
Attempts: Mens rea
A
Same as attempted offence : R v Easom
