Chapter 5- Attempting To Commit And Offence

Question 1

Inchoate offence examples (offence which is not an full offence but may amount to criminal offence itself)

Answer 1

Conspiracy or attempt (attempted murder)

Question 2

Statute relating to attempt

Answer 2

S1(1) criminal attempts act 1981

Question 3

What must be proven for attempt

Answer 3

That D did act more than merely preparatory
to the commission of an indictable offence
With the intent to commit the offence

Question 4

When to determine if the act is more than merely preparatory

Answer 4

Case does not have to have the ‘last act’ the facts leading are sufficient

Boyle v Boyle

Jones 1990

Contrary CAMPBELL changed his mind about robbery

Question 5

Mens rea for attempt

Answer 5

D must intend conduct and consequence elements of AR but that it is enough for D to be reckless about any circumstance elements of the AR

Khan 1990

Question 6

Pace and Rogers

Answer 6

Mens rea for attempt was quashed as S1 criminal attempts act states every element of offence is to be attempted. This case was not.

Question 7

Attempting the impossible meaning

Answer 7

D may committ an attempt though an outsider knows the offence is impossible, but D does not.

Haughton v Smith

Question 8

S1(2) CAA 1981

Answer 8

D may be guilty of an attempt even though the facts are such that the commission of the offence is impossible

SHIVPURI 1986