Preliminary Offences (done) Flashcards
What are preliminary offences?
Planning/preparing to commit a crime or an attempt to commit a crime which is unsuccessful as the fail to complete AR
Where is preliminary defined in law and what is it defined as?
S1(1) Criminal Attempts Act 1981 - “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”
What type of crimes are preliminary offences and examples? (7)
Triable on indictment offences including an either way offence via indictment (serious crimes) e.g ABH, GBH, S18 (with intent) and S20, theft, robbery, murder
Can an attempted crime be committed via an omission?
No
What is the actus reus?
An act that is more than merely preparatory (sufficiently close to completing the full offence)
Is an act that is merely prepatory an attempt?
No but it could be another offence e.g conspiracy, going equipped (Gullefer 1987)/(Campell 1990)
What cases show an act being more than merely preparatory? (2)
1) Boyle & Boyle (1987)
2) Jones (1990)
What is the men’s Rea of an attempt?
Intent takes the same definition as the common law offence. This is the same intention which would be required for the full attempt. (R v Pearman 1984)
No intention, no offence (Easom 1971)
What type of crimes and intention is required for the men’s Rea?
Only a specific intent crime where only intent will suffice
Would recklessness suffice for the men’s Rea of an attempt?
No however there are exceptions like in the case of Khan (1990)
What is the sentencing for an attempt?
A sentence up to the maximum of the substantive offence
What does the law say about attempting an impossible crime
Criminal Attempt Act 1981 S1(2) - “a person may be guilty of attempting to commit an offence even though the facts are such that the commission of the offence is impossible”
FACTUAL IMPOSSIBILITY
What are the 2 types of impossibility in an attempt to commit an impossible crime and where in the law are they outlined?
1) Factual impossibility S1(2)
2) Legal impossibility S1(3)
What is legal impossibility?
When a person attempts to commit a crime but the act they are attempting is not illegal
What case shows factual impossibility? (1)
Shivpuri (1986)
What case shows legal impossibility? (1)
Jones (2007)
What is the sentencing for attempting an ‘impossible’ crime?
It is a triable either way offence with up to 7 years imprisonment
What is a preliminary offence?
An attempt/preparing to commit a crime
