Attempts Flashcards
Outline the definition of inchoate offences
An incomplete offence, not fully formed.
Although, the defendant will still be criminally liable for taking the steps to commit that offence.
If attempted, the defendant is criminally liable for attempting to commit a specific crime & failing.
However, the law should be avoided from criminalizing ‘mere guilty thoughts’.
Outline the legislation attempts is criminalized under
s1 (1) of the Attempts Act 1981
Define the commission of the offence of attempts under the Attempts Act 1981
Under s1 (1), ‘if, with intent to commit an offence…a person does an act which is more than merely preparatory to the commission of the offence, he is guilty of attempting to commit the offence.’
Under s1 (4), summary offences (e.g assault) is not sufficient for an attempt. The principle offence must be triable - either - way or indictable.
s4 states that attempting to commit a criminal act carries the same maximum sentence as the principal offence (e.g. mandatory life imprisonment for attempted murder)
Outline the actus reus for attempts
An act which is more than merely preparatory to the commission of the offence, could constitute the last thing the defendant does before committing the crime.
Should be an act, not an omission.
Again, it must be a principle offence capable of being committed.
The defendant must ‘embark on the crime proper’, e.g Gullefer [1990] & reach a ‘point of no return’, e.g Attorney’s - General Reference (No.1 of 1992) [1993]
White [1910] + Jones [1990]
Outline the men’s rea for attempts
Intention to commit the principle offence, e.g Shivpuri [1987] even if it’s factually impossible under s1 (2).
Under s1 (3), the defendant is taken by the facts as he believed them to be.
When prosecuting attempted murder, the highest intention of murder needs to be proved (the defendant had the intention to either kill or commit GBH), e.g Whybrow [1951]
