Attempts

Question 1

Describe

Attempts definition.

S.1(1) of Criminal Attempts Act 1981, R v White

Apart of attempts

Answer 1

S.1(1) of Criminal Attempts Act 1981 - D guilty of attempted offence, if do act more than mere prepatory, with the intention to commit a full offence.

R v White - D will be guilty of attempted murder, if try to kill V but fails.

Prosecution has to prove both AR and MR for attempted offence.

Question 2

Define

AR of Attempts

R v Jones, R v Geddes

Apart of attempts

Answer 2

AR must be positive act on way of comission of full offence, being more than mere prepatory to the commission of the main offence.

R v Jones - Going beyond mere preapartion is an attempt, D had to embark upon crime proper.

R v Geddes - If haven't then not guilty.

Question 3

Define

Mens Rea of Attempts

R v Whybrow, Attorney Generals Reference 1979

Apart of attemps

Answer 3

In murder, the only liability is an attempt with the intention to kill and not GBH.

Intention Only

R v Whybrow - MR for an attempted offence is usually direct itention of a completed offence.

Conditional Intent
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Attorney General Reference 1979 - D can be guilty of attempt if have conditional intention.
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Intention to commit a crime on condition of something.

Question 4

Describe

Recklessness

R v Millard and Vernon

Apart of Attempts

Answer 4

Even when recklessness is enough for completed offence, it might not a sufficent mens rea for attempt.

R v Millard and Vernon - If accused is merely reckless, not liable of an attempt

Question 5

Describe

Attempting the Impossible

S.1(2) - Criminal Attempts Act 1981, R v Shivpuri, R v Jones, R v Taafe

Apart of Attempts

Answer 5

S.1(2) - Criminal Attempts Act 1981 - D can be guilty of attempting to commit the offence, even if the facts suggest that committing offence is impossible.

R v Shivpuri, R v Jones - If D has gone beyond mere preparation, it does not matter if actual offence was impossible to commit.

R v Taafe - D can't be guilty of attempting the impossible if there is no such offence

Question 6

Apply the facts

Flip

Apart of Attempts

Answer 6

State the attempted offence, e.g., D has committed attempted murder.

Did D go beyond mere preparation and say why, e.g., when D pointed the gun at V’s head and pulled the trigger he went beyond mere preparation, even though V ducked and avoided the bullet?

Did D have the direct intention for his attempted crime? E.g., D fully intended to kill V when he fired the gun.

If the D was reckless, explain why and that this is not sufficient.

If the D had conditional intention to commit an attempted theft, state how you know this and that this is sufficient.

State if there is a completed attempted offence.

Attempting the Impossible

State what impossible crime the D has committed and why it was impossible.

Did the D go beyond mere preparation? If so, when?

Did the D have the direct intention to commit the full offence? If so, why do you know this?

State if there is a completed attempting the impossible.