Attempts Template

Question 1

1. D has not succeeded in….

Answer 1

Carrying out the offence.
However he may be charged with attempted…..

Question 2

2. S1(1) of the Criminal Attempts Act 1981 defines an attempt as…

Answer 2

‘An act which more than merely preparatory to the commission of the offence.’
The AR is therefore an act which is more than merely preparatory and the MR is intent to commit the offence.

Question 3

3. It is necessary to decide…

Answer 3

Whether by D doing …. These are more than merely preparatory.
In R v Gullefer jumping onto a race track in order to get the race declared void and enable him to reclaim money he had spent on the race were not merely preparatory.

Question 4

4. However in R v Tosti….

Answer 4

D was found guilty of attempted burglary when he took metal cutting equipment with him and hid it in a hedge.
He then examined a padlock on the building but did not damage the padlock.
These damages were held to be more than merely preparatory.

Question 5

5. The MR of the offence is…

Answer 5

Intention to commit the offence, R v Easom.

Question 6

For murder what must the prosecution prove?

Answer 6

Intention to kill, R v White.

Question 7

Attempting the impossible:

Answer 7

S1(2) - A person may be guilty of attempting to commit an offence even though the facts are such that the commission of the offence is impossible.
In R v Shivpuri D was convicted of knowingly dealing with prohibited drugs even though the suitcase was full of harmless vegetable matter.