Criminal law: Preliminary Offence - Attempts Flashcards
1
Q
What is an Attempt?
A
Defined under s1 of the criminal attempts act 19981 as with intent to commit an offence, a person does more than merely preparatory to the commission of the offence.
2
Q
What is the actus reas of an attempt?
A
When the defendant does an act that is more than merely preparatory to the commission of the offence.
3
Q
What is the mens reas of an attempt?
A
When the defendant had intention to commit a full offence.
4
Q
What are two example cases of attempt?
A
- R v Gullffer1987 : The
defendants conviction for an
attempt was quashed because
his actions were merely
preparatory to committing the
offence - R v Tosti1997 : The defendant
was found guilt of attempted
burglary.
5
Q
What is factual imposibility?
A
6
Q
What is legal imposibility?
A
