Attempts Flashcards
Attempts
Attempted crime is s1(1) of the criminal attempts aft 1981
Before 1981 act there was only a common law - created lots of different tests which created lots of guilty or not guilty results depending on the test used - unfair so this act was created
Attempts
Definition
If with intent to commit an offence … a person does an act which is more than merely preparatory to the commission of the offence then he is guilty of attempting to commit the offence
Actus reus
An attempt must be:
A positive act and not an omission
An act that is more than merely preparatory to the commission of the offence (MTMP)
Therefore the act is merely preparatory (MP) then they aren’t guilty if an attempt
- however they may be guilty for other offences like conspiracy or going equipped
Merely preparatory
If the act is MP then the d is not guilty