ATTEMPTS Flashcards
(5 cards)
What is the AR? case?
The AR of attempts is defined as where ‘a person does an act which is more than merely preparatory to the commission of the offense.’
What is the first test? case?
In Gullefer, the court held that more than merely preparatory means, when the merely preparatory acts have come to an end and the defendant embarks upon the crime proper
What is the second test? case?
In Geddes, the court held a test for more than merely preparatory. The defendant should have moved from planning or preparation to execution and had done an act that shows he was trying to commit the full offence.
what is the mens rea? case?
The mens rea of an attempt repuires the defendant to have acted with intent to commit the actus reus of the offence. I must be ds main aim or purpose to committing the act. ( mohan)
Can u be guilty of attempting the impossible?
Under s1(2) of the Criminal Attempts Act 1981, a person may be guilty of attempting to commit an offence to which this section applies even though the facts are such that the commission of the offence is impossible. (r v shivpuri).