attempts

Question 1

what does s(1) Criminal attempts act 1981 state

Answer 1

a person is guilty of an attempt if he or she does an act which is more than merely preparatory to the commission of the offence with the intention of committing an offence

Question 2

the offence is limited to indictable and triable either way offences
section

Answer 2

section 1(4) CAA 1981

Question 3

can an attempt be an omission

Answer 3

no a positive act is required

Question 4

more than merely proprietary is not

Answer 4

not defined in the 1981 act but has been interpreted to mean embarked on the crime proper

Question 5

embarked on the crime proper case

Answer 5

Gullefer

Question 6

geddes

Answer 6

did d move from planning or preparation to execution and has the accused done an act showing he was actually trying to commit the full offence

Question 7

quadir

Answer 7

d must have passed the threshold from preparation and embarkation

Question 8

what did s.1(2) criminal attempts act 1981 determine

Answer 8

a d could be guilty of an attempt even if the full offence was impossible

Question 9

shivpuri it was said that

Answer 9

the offence would be committed if the facts were as you believed them to be you would have gone on to commit the full offence

Question 10

for an attempt the d must intend to commit the AR of the full offence

what is an attempt a crime of

Answer 10

specific intent and therefore intention can be direct or oblique

Question 11

intention can be direct or oblique
case

Answer 11

walker v hayles

Question 12

conditional intent is sufficient for an attempted theft case

Answer 12

Ag’s ref 1

Question 13

there is a higher level of MR for attempted murder than for murder
what must it be shown

Answer 13

D intended to kill not merely serious harm

Question 14

d intended to kill not merely serious harm case

Answer 14

Whybrow O’Toole