attempt

Question 1

intro ?

Answer 1

-An attempt is when someone commits an offence but fails
-r v white d attempted to poision his mother but she died of a heart attack before she could drink it d would be held liable

Question 2

defintion ?

Answer 2

-criminal attempt ‘when a person does an act that is more than merely prepatory?

Question 3

Actus reus ?

Answer 3

-must be that the d does an act that is more than merely prepatory to the commission of the offence. Must be a postitive act not an ommision

Question 4

example of not amounting to more merely prepatory?

Answer 4

-campbell d was loitering outside post office with fake gun threating note and sunglasses not amounted as it was merely prepatory

Question 5

two questions ‘more than merely prepatory?’

Answer 5

-geddes
-1 Had the accused moved from planning or preparation to execution or implimentation
-2 had the accussed done an act showing that he was actually trying to commit the full offence or had they only gone as far as preparing, getting into position, or equpping himself to do so.

Question 6

Mens rea?

Answer 6

-intention to commit the offence
-recklessness is insufficent (millard and vernon)
-exception in AG ref where d threw a petrol bomb at a car
-needed intention to damage property but recklessness is sufficent
-created that if there is conditional intent
-make cases such as easom guilty.