Criminal attempts Flashcards
(10 cards)
What does Criminal Attempts Act 1981 Section 1(1) state?
If with intent to commit an offence to which this section applies a person does an act which is more than merely preparatory to the commission of the offence he is guilty of attempting to commit the offence
What offences does Criminal Attempts Act 1981 Section 1(4) apply to?
Any offence which if it were completed would be triable in England and Wales as an indictable offence other than aiding abetting counselling procuring or suborning the commission of an offence
What is the precedent set in Gullefer [1980]?
An attempt begins when the defendant embarks on the crime proper merely preparatory acts are insufficient
What is the precedent set in Campbell [1991]?
A defendant is not guilty of an attempt if their actions are still merely preparatory such as being outside a post office with a weapon but not yet entering to commit robbery
What is the precedent set in Geddes (1996)?
An attempt requires the defendant to move beyond mere preparation and start executing the offence simply being found with kidnapping equipment in a school toilet was insufficient
What is the precedent set in Whybrow (1951)?
In attempted murder the prosecution must prove an intention to kill an intention to cause grievous bodily harm is insufficient
What is the precedent set in Mohan [1976]?
An attempt requires direct intent to commit the offence recklessness is not sufficient
What is the precedent set in Pearman (1985)?
Intent for an attempt can be either direct or oblique
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What is the precedent set in Pace and Rogers [2014]?
A defendant cannot be guilty of an attempt if they mistakenly believe that they are committing the offence but the object of the offence does not exist for example attempting to buy stolen goods that are not actually stolen
