CRIMINAL ATTEMPTS Flashcards
Know what it is, AR and MR
What is an attempt and where it is defined?
●An attempt is where someone plans to do something but for some reason fails(White)
●An attempt is defined in S. 1(1) of the Criminal Attempts Act 1981
What does the AR provide?
The act must be more than merely preparatory to the commission of the offence.
● The D must have passed the preparation stage and progressed unto something beyond. (Gullefer and Campbell, Ds were not liable)
●In Tosti and AG’s Ref No 1 of 1992 it was upheld
What did the Court of Appeal say that should be considered when considering an attempt?
●The accused must have moved from planning or preparation to the execution or the implementation.
●The accused must have done something that shows that he was actually trying to commit the full offence. This therefore shows that the D must have done the last act possible before the commission of the offence.
