Attempts

Question 1

Attempts introduction/ definition

Answer 1

• The D may be liable for an attempted crime
• An attempt is defined under Section 1 of the Criminal Attempts Act 1981 as, “Where a D does an act which is more than merely preparatory, with the intention to commit the full crime”

Question 2

Stage 1/ Actus Reus of Attempts

Answer 2

• Firstly, the D must do an act which is more than merely preparatory (Jones)
  -Key case- Geddes- 2 questions to answer:
  1- Had the accused moved from planning and preparation to execution or implementation?
  2- Had the accused done an act showing that he was actually trying to commit the full offence
• Exam tip= Look at the last act done by the D in the commission of the offence. Is the act enough to show beyond doubt that the D would have committed the full offence.

Question 3

Mens Rea of attempts

Answer 3

-The D must intend to commit the full offence, recklessness is not enough (Mohan)
- Exam tip- If it is murder, the D must intend to kill the victim, intention to cause serious harm is not enough (Whybrow)

Question 4

Explain the Applicable defences for attempts

Answer 4

• Attempting the impossible will never succeed under the Criminal Attempts Act 1981 (Shivpuri)
• Withdrawal can succeed as long as the D has not done an act which was more than merely preparatory, if he has then the defence will fail (Taylor)