Attempts

Question 1

What is D’s liability

Answer 1

D may be liable for attempted [eg. murder/theft/robbery/burglary].

Question 2

What is the definition of attempts?

Answer 2

An attempt is where a person tries to commit an offence, but fails to complete it, defined in the
Criminal Attempts Act 1981. It only applies to crimes which are triable either way or indictable.
Under Section 1(1), the ACTUS REUS of an attempt is doing an act which is more than merely
preparatory to the commission of the offence. An omission will not suffice.

Question 3

What does it mean to go beyond mere preparation?

Answer 3

Going beyond mere preparation means ‘embarking on the crime proper’, or ‘being in the executory
phase’, (Tosti and Boyle and Boyle). If D is only in the preparation case, they will not be guilty
[choose two] (Gullefer, Campbell, Mason v DPP and Geddes).

Question 4

What does section 1(2) state?

Answer 4

[IF RELEVANT] Under Section 1(2), a person can be guilty of an attempt even if committing the full offence is
impossible, provided they go beyond mere preparation, as in Shivpuri and Taaffe.

Question 5

What is the MENS REA for attempt?

Answer 5

The MENS REA of an attempt is direct/specific intent to commit that offence, defined in Mohan as
deciding to bring about that offence. Recklessness is not enough, as in A-G’s Ref (no 3 of 1992)

Question 6

What is not enough in attempted murder?

Answer 6

an intention to kill, as in Whybrow

Question 7

What is conditional intent