Preliminary Offences

Question 1

Introduction?

Answer 1

S1 Criminal Attempts Act 1981.

If a person does an act that is more than preparatory to the commission of the offence.

Actus Reus + With intent to commit that offence.

Question 2

More than Preparatory: beyond merely preparatory?

Answer 2

AG’s reference - The D’s act went beyond merely preparatory so he had the Actus Reus.

Question 3

More than Preparatory: Broken Lock

Answer 3

Boyle v Boyle - Standing by a door with a broken lock is more than preparatory.

Question 4

Mere Preparation: Actus reus has not taken place?

Answer 4

Gullifer - If the act is just preparatory then the Actus Reus has not taken place.

Only disrupted the race not embarked on the crime proper.

Question 5

Mere Preparation:
Crash helmet?

Answer 5

Campbell - Approaching a post office wearing a crash helmet, carrying a note and a knife was merely preparatory.

Question 6

Mens Rea: Intention to commit offence?

Answer 6

Easom- If the D did not have the intention to commit the offence they are not guilty.

Question 7

Mens Rea: Recklessness?

Answer 7

Millard v Vernon - Recklessness is not enough to constitute Mens Rea.

Question 8

Mens Rea: Conditional?

Answer 8

Husseyn - Conditional intent does constitute an attempt.

Question 9

Attempting the impossible: S1(2)?

Answer 9

Factual Impossibility - The D may be guilty of a crime even though the facts of the crime make it impossible for the D to commit the offence.

R v Shivpuri - D though he was smuggling drugs into the country, it was actually vegetables.

Question 10

Attempting the impossible: S1(3)?

Answer 10

If the facts of the case had been as he believed them to be, his intention would be so regarded.