Topic 10 - Attempts Flashcards
What is the definition of an attempted offence?
An attempted offence involves trying to commit a full crime (e.g., attempted murder, attempted GBH, attempted criminal damage). A person is charged with the attempt of a specific offence, not just ‘attempt.’
Which act governs attempted offences?
The Criminal Attempts Act 1981 outlines the actus reus (physical act) and mens rea (mental state) for attempted offences.
Can summary offences be attempted?
No, only indictable offences (those tried in the Crown Court) can be attempted. Summary offences (e.g., simple assault) cannot.
What is required for the actus reus of an attempted offence?
The defendant must perform an act that is more than merely preparatory to committing the crime. Whether the defendant has gone beyond mere preparation is decided by the jury based on the evidence.
What is the key question to determine whether the actus reus of an attempt is established?
The key question is: Has the defendant embarked on the crime, or are they still in the preparation stages?
What mens rea is required for an attempted offence?
The defendant must intend to commit the full offence. The mens rea for attempted crimes can be different from the full offence.
What is the difference in mens rea for attempted murder and full murder?
For attempted murder, the mens rea is intent to kill. For full murder, the mens rea is either intent to kill or intent to cause grievous bodily harm (GBH).
What is the mens rea required for attempted Section 47 (ABH)?
For attempted Section 47 (ABH), the mens rea is intent to cause actual bodily harm, which is a higher standard than the recklessness required for the full offence.
How does recklessness apply to attempted offences?
Generally, recklessness does not apply to the mens rea of attempted offences, except for attempted aggravated criminal damage, where recklessness regarding endangerment of life may suffice.
Is impossibility a defense in attempted offences?
No, impossibility is irrelevant to determining liability for an attempted offence. Even if the defendant cannot complete the crime (e.g., using an unloaded gun), liability is based on the intent and actions.
Can you charge someone with attempted Section 20 GBH or manslaughter?
No, if the defendant intended to cause grievous bodily harm or kill, they should be charged with attempted Section 18 GBH or attempted murder, not attempted Section 20 GBH or attempted manslaughter.
What is the focus when determining liability for an attempted offence?
The focus should be on whether the defendant intended to commit the full offence, whether their actions were more than merely preparatory, and whether impossibility applies.
