Attempts - Paper 1 Flashcards
(10 cards)
Which Act of Parliament defines Attempts?
S.1(1) Criminal Attempts Act 1981
What is the definition of Attempted Crimes?
D ‘does an act which is more than merely preparatory to the commission of the offence’
What is the AR and MR of Attempts?
AR: An act which goes beyond simply preparing the offence
MR: Intention to commit a serious offence
What is Stage 1 of Attempts?
Has D done an act which was more than merely preparatory (Jones)
What was the two-stage test established in Geddes?
1) Had the D moved from the planning or preparation stage to the execution and implementation stage?
2) Had D done an act showing they were actually trying to commit the full offence or had he just got himself ready?
What is Stage 2 of Attempts?
Did D have the mens rea (intention) for the offence
What is the mens rea for Attempted Murder?
Intention to kill (Whybrow)
What are the two defences which could come up in an Attempts question?
1) Attempting the Impossible
2) Withdrawal
Which case held attempting the impossible is no longer a defence?
Shivpuri
What was held in the case of Taylor?
Withdrawal can only succeed if D has done something MP