attempts Flashcards
(16 cards)
What governs attempts in criminal law?
The s.1(1) Criminal Attempts Act 1981
Define the actus reus (AR) for attempts.
Defendant does an act which is more than merely preparatory to the commission of the offence.
What is required for an act to be considered ‘more than merely preparatory’?
The defendant must ‘embark on the crime proper’.
Which case established the principle of ‘embarking on the crime proper’?
R v Gullefer
In which case was the attempt not considered to have occurred?
R v Campbell
What two questions are critical to assess in R v Geddes?
- Has the accused moved from planning or preparation to execution or implementation?
- Had the accused done an act showing that he was actually trying to commit the full offence?
True or False: An act must be more than merely preparatory to qualify as an attempt.
True
Fill in the blank: A person is guilty of attempting to commit an offence if they do an act with _______.
[intent to commit an offence]
What key determination is made regarding the accused’s actions in R v Geddes?
Whether they were actually trying to commit the full offence or only preparing.
mr of attempts
s1(1) criminal attempts act 1981 states -‘ with intent to commit an offence to which this section applies’
case for mr
r v millard and vernon
attempted murder ( only mention if in scenario)
for attempted murder the prosecution must prove an intention to kill- intent to cause serious harm is not enough ( R v whybrow)
conditional intent
AG ref no.1& no.2
withdrawal
not a defence
R v taylor
attempting to the impossible
s.1(2) of the criminal attempts act 1981 states that impossibility is no defence to the crime of attempt
and even where the offence is impossible to carry out D is still guilty of an attempt if beyond the point of preparation
3 types of impossibility and cases
-physical, legal or inadequate
- Anderton v Ryan , R v Shivpuri
