Preliminary Offence - Attempt Flashcards
(16 cards)
What acts does attempt come under?
Criminal Attempt Act 1981
What is the basic definition of attempt?
An attempt is where a person tries to commit an offence but for some reason, fails to complete it
What is the criminal law definition of attempt?
An attempt occurs where a person with the relevant mens rea does an act which is more than merely preparatory to the commission of an offence
Point of law in R v White for attempt?
Attempt to commit muder
What is the actus reus of attempt?
Act that the defendant commits has to be more than merely preparatory for the main crime
Cases for the actus reus of attempts?
Attorney-General Reference (No1 of 1992) (1993)
R v Gullefer
Point of law in Attorney-General Reference (No1 of 1992) (1993) for actus reus of attempt?
D need not have performed the last act before embarking on the crime proper
Point of law in R v Gullefer for actus reus of attempt?
Court held that more than merely preparatory means that the defendant must have gone preparation (R v Campbell)
What case establishes two questions for attempt offences?
R v Geddes
What are the two questions in R v Geddes that must be establish for attempts?
Had the accused moved from planning or preparation to execution or implementation?
Had the accused done an act showing that he was actually trying to commit the full offence?
What are the two cases which there was an attempt?
R v Boyle and Boyle
R v Tosti
What is the mens rea for attempts?
Defendant must normally have the same intention as would be required for the full offence.
If prosecution cannot prove that the defendant had the intention then he or she is not guilty of the attempt
Point of law in R v Easom for mens rea of attempts?
Must prove intention of the offence
Point of law in R v Whybrow for mens rea of attempts?
Mens rea for attempted murder involves proving a higher level of intention than for the full offence of murder
Point of law in R v Millard and Vernon for mens rea of attempts?
Decided recklessness was not sufficient for attempt
Definition of impossibility in attempt?
Means that defendant is guilty even if the full offence is legally or physically impossible
