Preliminary Offences

Question 1

What is an attempt?

Answer 1

An incomplete crime

Question 2

How is an attempt defined?

Answer 2

Under S1 of Criminal Attempts Act 1981 - “where D does an act which is more than merely preparatory with the intention to commit the full crime”

Question 3

What case sets out that an attempt must be “more than merely preparatory”

Answer 3

Jones

Question 4

What are the two questions in attempts? name the key case

Answer 4

Geddes:
- Had the accused moved from planning/preparation to execution/implementation?
-Had the accused done an act showing that he was actually trying to commit the full offence?

Question 5

What is the mens rea for attempts?

Answer 5

D must intend to commit the offence, recklessness is not enough (Mohan)

Question 6

What is the side rule for the mens rea of attempts?

Answer 6

Attempting the impossible is not a defence (Shivpuri)

Question 7

What is the mens rea for attempted murder?

Answer 7

the intention to kill only (Whybrow)