12. Attempted Offences

Question 1

What statute defined Attempted offences *with definition

Answer 1

s.1 Criminal Attempts Act 1981
when “a person does an act which is more than merely prepatory in the commission of an offence”
further established in (R v Gullefer)

Question 2

AR of Attempted offences

Answer 2

AG’s ref. no.1 1993} D does not have to commit last act before offence or pass the point of no return
(R v Campbell)} just have to be in execution phase
(R v Geddes)
1. Had D moved from plan+prep to execution
2. Had D done something showing intent to complete offence?

Question 3

Test from (R v Geddes)

Answer 3

1. Had D moved from planning+preperation to execution and implementation
2. Had the D done an act which shows intent to commit the full offence?

Question 4

MR for Attempted offences

Answer 4

• MR for offence they were trying to commit
• AG’s ref. no.1 1979 ruled conditonal intent counts
• MR for attempted murder must be intent to kill (R v Whybrow)

Question 5

Impossibility; statute, defintion

Answer 5

s.1(2) criminal attempts act 1981
“A D can still be guilty even if the facts mean commission of the offence is impossible”
Factual: (R v Shivpuri)} physically can’t do
Legal: action is not a crime