Attempt

Question 2

Definition of attempt

Answer 2

1. with intent to commit an indictable offence
2. a person does an act which is more than merely preparatory to the commission of the offence

Question 3

Actus reus of attempt

Answer 3

1. Liability for actions: person will not be liable for omission
2. More than merely preparatory

Question 4

Mens rea

Answer 4

1. Direct or indirect intention
2. Offences with ulterior mens rea : ulterior mens rea must be proved

Question 5

Attempts and impossibility

Answer 5

1 Offence may be impossible:
- as to the end result (for example if D pickpockets a V only to find their pocket is empty); or
- as to the means (such as D tries to stab sb with a paper straw)

Question 6

Mens rea and impossibility

Answer 6

Ex: D => intend to kill V => pulls the trigger => no bullet
AR: action gone beyond merely preparatory
MR: guily of attempted murder as judged on the facts as D believed them to be loaded