Preliminary Offences : Attempts

Question 1

Where is attempts defined ?

Answer 1

s1(1) Criminal Attempts Act 1981

Question 2

Define attempt

Answer 2

R v White - an attempt is where a person tries to commit an offence but for some reason failed to complete it

Question 3

How is an attempt an offence?

Answer 3

Can only be an offence if the full offence is triable on indictment including either way offences

Question 4

Define the actus reus of attempt

Answer 4

a person does an act which is more than merely preparatory to the commission of the offence

Question 5

what does AGR (attorney general reference) No.1 (1992) state?

Answer 5

D need not have performed the last act before the crime, nor reach the point of no return

Question 6

which case shows mere preparation and what does it mean?

Answer 6

R v Gullefer - ‘more than merely preparatory’ means D must have gone beyond purely preparatory acts + embarked on the proper crime

Question 7

What 2 questions does R v Geddes consider?

Answer 7

1. Had D moved from planning or prep to execution or implementation?
2. Had D done an act showing 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 to do so?

Question 8

What case backs up the questions in R v Geddes?

Answer 8

R v Campbell

Question 9

What 3 cases had the actus reus for an attempt?

Answer 9

1. R v Boyle & Boyle - Had done part of a series of acts
2. R v Tosti
3. R v Jones - sufficient evidence for the question to be left up to the jury

Question 10

Define the mens rea of attempts

Answer 10

Intent to commit a criminal offence

Question 11

What are the cases for attempted theft? (2)

Answer 11

1. R v Easom
2. R v Husseyn
   - neither got convicted due to technicalities

Question 12

What did the case of AGR (No. 1+2 1979) state?

Answer 12

CoA decided that if D had conditional intent, D could be charged for attempted theft with an attempt to steal some or all of the contents

• Therefore R v Easom + R v Huysseyn might have been guilty

Question 13

define mens real for attempted murder + its case

Answer 13

Intent to kill as intent to cause serious harm is not sufficient even though it is for full offence
R v Whybrow

Question 14

Can recklessness count as mens rea for attempts (Case)

Answer 14

No - R v Millard - being reckless is not sufficient

Question 15

What is impossibility?

Answer 15

D may try everything in his/her power to commit offence but it is just impossible to commit

Question 16

Cases for impossibility (2)

Answer 16

1. Anderson v Ryan

2. R v Shivpuri

Question 17

Can you be guilty of attempt with impossibility

Answer 17

Yes- s1(2)+(3) of Criminal attempts act 1981 states if the facts of the case were as s/he believed can be regarded as having intent- thus guilty