criminal attempts Flashcards
(14 cards)
where is criminal attempts defined?
s1(1) of the Criminal Attempts Act 1981
what is criminal attempts defined as?
d is guilty if, with intent, he commits an act that is more than merely preparatory to the commission of the offence
what is the actus reus of attempts?
perform an act that is more than merely preparatory to committing a crime
what is the mens rea of attempts?
intend to commit that crime
what are the 3 main cases for d performing an act that is more than merely preparatory
-R v Gullefer
-R v Jones
-R v Geddes
what does R v Gullefer say?
that d must have started the actual crime, not just prepared to commit it
what does R v Jones say?
that more than merely preparatory does not mean the very last act before the crime is complete, just that D has started the crime proper
what does R v Geddes say?
that to work out if an act is more than merely preparatory we should ask;
-had d moved from planning/preparation to execution
-had d done an act showing that he was actually trying to commit the full offence, or had he only got as far as getting ready, or putting himself in a position, or equipping himself to do so
what is the mens rea used for attempts?
intent - direct intention - mohan
what is the case for mens rea?
R v Whybrow
what does R v Whybrow say?
d cannot have implied malice for attempted murder, it must be express
what does AG attorney ref (no’s 1 and 2 of 1979) say?
conditional intent can be used for theft
what is the case under s1(3)?
R v Shivpuri
what does R v Shivpuri say?
that it is a crime to attempt to do the impossible
