Attempts

Question 1

What act and sections defines an attempt

Answer 1

S1(1) criminal attempts act- act more than merely prepatory to commission of offence

Question 2

What is said about the punishment of attempts, and what section of the act is used

Answer 2

S54(1) criminal attempts act- attempt is punishable to same extend as complete offence

Question 3

Whats the leading case for attempts

Answer 3

White- tried to kill but was already dead from heart attack

Question 4

Whats the AR of attempts

Answer 4

D undertakes act that’s more than merely prepatory, not possible to commit by omission

Question 5

What does the case of attorney general reference say

Answer 5

Law doesn’t require d to perform last act before crime becomes proper, not need to have reached point of no return

Question 6

What case says that d must have embarked on actual commission of offence

Answer 6

R v gullefer

Question 7

What case highlights to areas to look at when considering an if there’s an attempt and what are they

Answer 7

R v geddes
- has d moved from plan/preparation to execution
- has d done act showing he’s actually trying to commit the offence or has he only gone as far as getting ready /putting self in position

Question 8

Explain the case of r v jones as an example of the AR of attempts being proven

Answer 8

Getting into the car and pointing the gun at v was evidence of more than merely prepatory acts, doesnt matter that safety latch was on

Question 9

Whats the MR of attempts

Answer 9

D must have intent to complete full offence

Question 10

What does the case of Easom say

Answer 10

Conditional intent doesn’t satisfy an attempt to

Question 11

what case criticised what Easom said, and what did they say

Answer 11

Attorney general reference- court of appeals said that conditional intent will satisfy an attempt

Question 12

What case spoke about recklessness in attempts, and what was said

Answer 12

R v Millard and vernon- you cant be guilty of an attempt recklessly

Question 13

What needs to be proven for the MR of attempted murder

Answer 13

Prove D had intent to kill

Question 14

Why is the MR of murder different to the MR of attempted murder

Answer 14

There is a higher level of MR for attempted murder than murder (murder can have intent of GBH)

Question 15

Whats the impossibility of the MR of attempts

Answer 15

The d may have intent but circumstances make it factually impossible to commit even if D isn’t aware

Question 16

What sections of the criminal attempts acts highlights the impossibility

Answer 16

S1(2)- person may be guilty of attempt even though commission impossible

Question 17

What case is used as an example of the impossibility of attempts, and what is said

Answer 17

R v shivpuri- he thought suitcase contained drugs but it didn’t, charged with attempting to be knowingly concerned in dealing with prohibited drugs even though it was factually impossible