Attempts Flashcards
(13 cards)
Where is attempts contained
Section 1 of the criminal attempts act 1981
How is attempts defined
If with intent to commit an offence a person, does an act which is more than merely preparatory to the commission of an offence
What is the actus reus of attempts
Positive act which is more than merely preparatory to the commission of the offence - R v Jones
Merely preparatory offences
Conversely an act which is merely preparatory is not an attempt as they didn’t go beyond preparation but may be another offence like going equipped - R v Campbell
Mens rea of attempts
Is intent to commit that specific offence - recklessness wont suffice - R v Whybrow - D. intended to kill
Attempting the impossible
Under criminal attempts act 1981 attempting the impossible says their is 2 types of impossibility being factual and legal
Factual impossibility
S.1(2) says: A person may be guilty of attempting to commit an offence even though the facts are such that the commission of the offence is impossible
Legal impossibility
S.1(3) states in any case where …
(A) A persons intention would not be regarded as having amounted to an intent to commit an offence but
(B) If the facts of the case had been as he believed them to be, his intention would be regarded as having had an intent to commit the offence
R v Jones
Act considered “MTMP” to the commission of an offence if it goes beyond preparation, even if it is not the last possible act D could have taken
R v Campbell
Couldn’t be proved D moved beyond preparation to actual attempt so D’s actions were not more than MTMP to committing the offense.
R v Whybrow
The case clarified the necessity of intent for an attempt to be sufficient to convict.
R v Pace and Rogers
D could not be guilty of attempting fraud because, in the absence of the underlying crime (theft), an attempt cannot be established.
R v Shivpuri
D can be guilty of attempts even if they do not succeed, as long as they had the intent to commit the offense and took steps towards its commission
