(RED) Criminal Attempts Flashcards
Which Act covers criminal attempts?
Criminal Attempts Act 1981
What does s1(1) of the Criminal Attempts Act 1981 say?
D is guilty if, with intent, he commits an act that is more than merely preparatory to the commission of the offence.
What is the AR of attempts?
Perform an act that is more than merely preparatory to committing a crime.
What is the MR of attempts?
D intends to commit that crime.
What are the 3 main cases on what counts as more than merely preparatory?
-R v Gullefer
-R v Jones
-R v Geddes
What does R v Gullefer say?
D must have started the actual crime, not just prepared to commit it.
What does R v Jones say?
More than merely preparatory doesn’t mean the very last act before the crime is complete, just that D has started the crime.
What does R v Geddes say?
To work out if the crime is more than merely preparatory we should ask:
-Had the accused moved from planning/preparation to execution/implementation?
-Had the accused 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 or equipping himself to do so?
Which mens rea is specified by s1(1)?
Direct intention (R v Mohan).
What type of mens rea must D have for attempted murder?
R v Whybrow- D can’t have implied malice for murder, it must be express.
Is conditional intent sufficient for attempted theft?
Attorney General’s Reference (No 1 and 2 of 1979)- conditional intent is fine for attempted theft; D doesn’t need a specific object in mind.
What does R v Shivpuri say?
It is a crime to attempt to do the impossible offence.
Which sections of the Criminal Attempts Act 1981 apply to impossible offences?
-s1(2)
-s1(3)
How would you explain impossibility in an exam?
s1(2) and (3), as confirmed by R v Shivpuri show that D will be guilty of attempting a crime that was actually impossible to complete, if D believed it was actually possible to complete.
