LAW P1 CRIM (ATTEMPTS)

Question 1

Where is attempts contained?

Answer 1

Attempts is contained under section1 of the criminal attempts act 1981.

Question 2

What is the definition of attempts?

Answer 2

A defendant is guilty of attempts if they commit an act which is more than merely preparatory to the commission of the offence, with the intent to commit the offence.

Question 3

What is the actus reus of attempt?

Answer 3

The actus reus of attempts is that there must be an act that is more than merely preperatory to the commission of the offence

Question 4

What is the mens rea of attempts?

Answer 4

The mens rea of attempts is that the prosecution must prove an intent to commit the full offence

Question 5

What does merely preperatory and more than merely preparatory mean?

Answer 5

Merely preparatory - Wont be guilty of attempt but may be guilty of another offence

More than merely preparatory - meaning an act that is more than simply preperation for the crime, they have the intent to commit the offence, are guilty of attempt

Question 6

What are the cases for the actus reus of attempts

Answer 6

R v Campbell, the defendant’s acts were merely preparatory as he had not yet entered the post office to commit the robbery

R v Boyle and Boyle, a defendant has gone beyond merely preparatory acts where they have done an act that is immediately connected with the commission of the full offence

Question 7

What are the cases for the mens rea of attempts

Answer 7

R v Khan, recklessness was relevant in both the offence and the attempt

R v Shivpuri, a defendant can be guilty of attempting to commit an offence as long as they have the intent and have done an act that is more than merely preparatory