Attempted Crimes

Question 1

What is the definition of an attempted crime?

Answer 1

Attempted crimes are defined under Section 1 of the Criminal Attempts Act 1981 as ‘where a defendant does an act which is more than merely preparatory with the intention to commit the full crime.’

Question 2

What does the case of Jones state under attempts?

Answer 2

The case of Jones states that the defendant must do an act which is more than merely preparatory.

Question 3

What does the case of Geddes state?

Answer 3

The case of Geddes states that there are two questions to consider when understanding if the act is more than merely preparatory.

Question 4

What are the two questions from Geddes?

Answer 4

1. Had the accused moved from planning or preparation to execution or implementation?
2. Had the accused done an act showing that they were actually trying to commit the full offence.

Question 5

What is the mens rea for attempted crimes?

Answer 5

The mens rea for attempted crimes is that the defendant must intend (Mohan) to commit the offence recklessness is not enough. (Specific intent crime)

Question 6

What is the side rule of Shivpuri?

Answer 6

The side rule of Shivpuri states that you can still be found guilty if you are attempting to commit a crime that is factually impossible.