Attempt

Question 1

ATTEMPT INTRO

Answer 1

attempt was established in the criminal attempts act 1981. it was defined in r v white as someone who tries to commit a crime but fails for whatever reason.

Question 2

ATTEMPT MENS REA

Answer 2

the mens rea of attempt is intent to commit the criminal act. in regards to murder, r v whybrow established that the mens rea must be intention to commit the full offence - intent to kill rather than intent to cause gbh or kill: recklessness is not enough for attempt, as shown in rv millard and vernon

Question 3

ATTEMPT ACTUS REUS

Answer 3

the actus reus of attempt is doing something which is more than merely preparatory. this means doing something more than just preparing to commit the crime. the tests set out in geddes are: had d moved from planning and preparation to implementation and excecution, and had d done an act showing he was trying to commit the offence rather than equipping or placing himself to do so.

Question 4

ATTEMPT ATTEMPT IMPOSSIBLE

Answer 4

attempting the impossible is defined in the criminal attempts act as having intent to commit wrongdoing, and believing you are going to/are doing it even if you are not. this was shown in rv shivpuri where he agreed to take a suitcase he thought contained illegal substances, even when it didn’t