Attempts Flashcards
Act
Criminal attempts act 1981 S1
What offences can be attempted
Indictable or triable either way ones
NOT SUMMARY OFFENCES
Murder, theft, section 18, robbery
S1 criminal attempts act 1981
Person does an act which is more than merely prepatory to the commission of the offence then he is guilty of attempting the offence
What is needed to be guilty
More than mere prep - past rubicon Lexus
Men’s Rea for offence
Can be guilty of attempting impossible
Is mere prep guilty or not guilty
Not guilty
Mere prep case
R V geddes - NEXT STEP IS COMMISSION OF CRIME
Not guilty for getting equipped, lying in wait
R v Campbell - next step is commission of crime - not crossed rebicon Lexus
What is rubicon Lexus
Point of no return - if crossed then guilty of attempting
Is more than mere prep guilty or not
GUILTY
Who decides if crime is more than mere prep
R V jones - objective to jury
What is more then mere prep
R V Boyle and Boyle - embarking on the crime proper
Case that shows more than mere prep
R V tosti
What is more than mere prep
Guilty when embarking on crime proper
Crossed rubicon
More than mere prep to the commission of the offence
Does D need men’s Rea
Yes R V whybrow
What men’s Rea is needed
Men’s Rea for offence attempted
What should D intent
R V Easom - aim to bring about consequences
