preliminary offences

Question 1

s1 Criminal Attempts Act 1981

Answer 1

‘if, with intent to commit an offence to which this section applies, 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.’

Question 2

actus reus for attempts

Answer 2

doing an act which is more than merely preparatory’

Question 3

more than merely preparatory

Answer 3

test set out in Geddes (1996):
1) Has the accused moved from planning or preparation to execution or implementation? ( in the executionary phase?)
2) Has the accused done an act showing that he was actually trying to commit the full offence, or had he only got as far as getting ready, or putting himself in a position, or equipping himself to do so? ( embarked on the crime proper)

Question 4

mens rea for attempts

Answer 4

D must have the intention as would be required for the full offence (Mohan)
For attempted murder the prosecution must prove an intention to kill - Whybrow
s1(2),s1(3) it is possible to be guilty of attempting the impossible - Anderton v Ryan