Attempt Flashcards
What is the legal definition of an attempt under Section 1 Criminal Attempts Act 1981?
An attempt is where a defendant does an act which is more than merely preparatory, with the intention to commit the full crime.
When may a defendant be liable for an attempted crime?
When their actions go beyond mere preparation and they intend to commit the full offence.
[STAGE 1] What does ‘more than merely preparatory’ mean in the context of an attempt?
The defendant must move beyond planning and actually begin to try to commit the full offence.
[STAGE 1 – Key Case] What case shows an act that was more than merely preparatory?
Jones – D got into the victim’s car with a loaded gun, which was held to be more than merely preparatory.
[STAGE 1 – Geddes Test] What is the first question from Geddes to determine if D’s actions were more than preparatory?
Had the accused moved from planning or preparation to execution or implementation?
[STAGE 1 – Geddes Test Continued] What is the second question from Geddes to determine if D attempted the crime?
Had the accused done an act showing that he was actually trying to commit the full offence?
[STAGE 1 – Exam Tip] What practical tip can help determine if D attempted the crime?
Look at the last act D did – if it clearly shows D would have committed the full offence, it may amount to an attempt.
[STAGE 2] What is the required mens rea for an attempt?
The D must intend to commit the full offence. Recklessness is not enough.
[STAGE 2 – Key Case] What case confirms that intention, not recklessness, is required for attempts?
Mohan
[STAGE 2 – Special Rule for Murder] What specific intention must D have when attempting murder?
D must intend to kill the victim. Intention to cause serious harm is not enough.
[STAGE 2 – Case Support] Which case supports the rule that D must intend to kill in attempted murder?
Whybrow
[DEFENCE – Impossible Attempt] What is the rule about attempting the impossible under the Criminal Attempts Act 1981?
Attempting the impossible can still lead to liability for attempt (Shivpuri).
[DEFENCE – Case Support] Which case confirms that D can still be guilty of an attempt even if the crime was impossible?
Shivpuri
[DEFENCE – Withdrawal] When can withdrawal be a valid defence to an attempt?
If D withdraws before doing an act which is more than merely preparatory, the defence may succeed.
[DEFENCE – Case Support] Which case shows that withdrawal after a preparatory act fails as a defence?
Taylor
What is the outcome if D is found guilty of an attempt?
D is guilty of an attempt and can be punished accordingly, even though the full crime was not completed.
