Attempts Flashcards
A person will be guilty of an attempted crime if they…
commit an act which is more than merely preparatory to the commission of the offence
Where is the definition of attempts found?
S.1(1) Criminal Attempts Act 1981
S.1(1) Criminal Attempts Act 1981
A person will be guilty of an attempted crime if they commit an act which is more than merely preparatory to the commission of the offence
S.1(2) Criminal Attempts Act 1981
May be liable for attempt ‘even though the facts are such that the commission of the offence is impossible’
May be liable for attempt ‘even though the facts are such that the commission of the offence is impossible’
S.1(2) Criminal Attempts Act 1981
What did the CPS say was no defence to attempts?
That D withdrew from committing the completed offence
Geddes
D must have moved from preparation to execution
Why does the law of attempts exist?
- punish mental fault
- protect the public
Campbell 1990
In robbery and false imprisonment cases, the public need to be put at risk before D can be liable for an attempt
In robbery and false imprisonment cases, the public need to be put at risk before D can be liable for an attempt
Campbell 1990
Millard v Vernon
Recklessness is not enough
Recklessness is not enough
Millard v Vernon
Whybrow 1951
D must have intended to commit the full offence (MR for murder lower than MR for attempted)
D must have intended to commit the full offence (MR for murder lower than MR for attempted)
Whybrow 1951
