WS 8 - Attempts

Question 1

Attempts legislation

Answer 1

s.1(1) Criminal Attempts Act 1981)

Question 2

Actus reus of attempt

Answer 2

1) Must be an act (not omission)

2) That is more than merely preparatory to the commission of the offence

Question 3

Mens Rea of attempt

Answer 3

1) Intent to commit the offence

Question 4

S.1(2) CAA 1981

Answer 4

Impossibility does not prevent AR from being established (i.e. pick-pocketing an empty pocket or trying to break a safe with a spoon)

Question 5

Omissions and attempts?

Answer 5

AN OMISSION IS NOT AN ACT, and so an omission cannot amount to the actus reus of an attempt (e.g. if a young girl is starved by her parents, if she survives, they would not be liable for attempted murder)

Question 6

Where should one first look for the test of what is merely preparatory?

Answer 6

Statute

Question 7

Test in R v Jones for more than merely preparatory

Answer 7

R v Jones: Significant steps need to be taken towards the full offence, but, as a matter of law, it is not necessary for D to have done all he intends to do. (Pointing a gun at someone is more than merely preparatory)

Question 8

Is the consideration of whether act is more than merely preparatory left to the jury?

Answer 8

• Whether an act is more than merely preparatory will be a question of fact in each case, provided the judge feels there is some evidence that the D has ‘embarked upon the crime’ so that the matter can be left to the jury

Question 9

Gullefer

Answer 9

He must at least have embarked upon the crime proper. Question of fact to be decided by the jury

Question 10

R v Shivpuri

Answer 10

(Impossibility) D thought he was smuggling drug but was talcum powder. Had AR as did act which was more than merely preparatory

Question 11

R v Whybrow (1951)

Answer 11

Defendant must intend all consequences, which form part of the actus reus of the full offence (even if recklessness would have sufficed for the full offence)!!!!

Question 12

Facts of Whybrow

Answer 12

D wired up soap dish to the electricity supply in order to electrocute and kill his wife. Judge directed jury than an intention to kill or cause GBH would suffice on a charge of attempted murder. ON APPEAL, CoA said that this was a misdirection and that only an intention to kill would suffice for attempted murder.

Question 13

Can you attempt s.20 OAPA?

Answer 13

NB – s.20 OAPA – falls away for the purposes of attempt. NO SUCH THING AS ATTEMPTED S.20

Question 14

R v Millard and Vernon [1987]

Answer 14

D charged with attempted criminal damage. Judge directed jury that they could convict if the D was reckless as to whether the property would be damaged. Again the CoA confirmed that only intention to commit offence was adequate, thus only intention to cause criminal damage would suffice for a charge of attempted criminal damage.

Question 15

AG’s Reference No.3 1992

Answer 15

For aggravated criminal damage, D must intend damage, but can be reckless as to whether life endangered. This is ulterior mens rea No need for life to be endangered for AR.

Question 16

R v Khan

Answer 16

CofA decided that the D must intend sexual intercourse either knowing of the lack of consent, or being reckless as to the other’s consent. Same for full offence of rape at the time – submitted by manual that would be the same under SOA 2003
• The D commits the offence because of the circumstances in which he manifests that intent, i.e. when the ‘victim’ is not consenting and he knows or is reckless about the absence of consent. Same for attempted rape
• From Manual Summary

Question 17

Conditional intent and attempts

Answer 17

Conditional Intent: Sufficient (i.e. if D puts hand in pocket to take anything if its worth stealing

Question 18

s.1(3) CAA 1981

Answer 18

Impossibility (of ends and means) doesn’t prevent MR of attempt being established, if on facts as D believed them to be, he would have had such intent.

Question 19

What cannot be an attempt?

Answer 19

Generally, all indictable offences can be the subject of an attempt charge. However, s.1(4) CAA 1981 – lists certain offences which cannot be attempted. Most important is that a D cannot be charged with attempting to be an accomplice (s.1(4)(b) CAA 1981)