Attempts Flashcards
Actus rea
An act which is more than merely preparatory to the commission of the offence
Mens rea
Must have the intention required for the offence
R v Jones
Just need to go beyond the mere preparation
Criminal attempts act 1981
Abolished the idea of the defendant doing the last act
R v Gullefer
Example of where the defendants’ actions was merely preparatory
Embarking upon the crime proper – going beyond mere preparations
R v Geddes
Defendants’ actions were merely preparatory as he had not contacted with any of the pupils
2-part test
Did the accused go beyond preparation to execute the offence
Did the accused do an act that shows he’s trying to commit the offence and not just getting ready
R v Campbell
Defendant’s’ actions were merely preparatory
About an attempted robbery
R v Boyle and Boyle
Defendant had gone beyond mere preparatory
Attempted burglary as had they entered it would have been an actual burglary
R v Eason
Conditional intent (he didn’t know what he was looking for specifically) was not enough for theft but it is for attempted theft
AGR
A conditional intent is enough to be charged with an attempt to steal
R v Whybrow
You must have intention to kill for attempted murder, intention to cause serious GBH is not enough
What is impossibly
Attempting to do something that is not actually possible to do
Anderton v Rayan
She could not be found guilty of attempting to buy stolen good as the goods were not stolen even if she thought they were stolen
R v Shivpuri
Changed Anderton v Rayan to
It did not matter what the facts were, what mattered is what the defendants’ intentions are
It is possible to be guilty of attempting the impossible
