Preliminary offences- attempts

Question 1

Definition

Answer 1

S.1 (1) of the Criminal Attempts Act 1981= if with intent to commit an offence, person does an act more than merely preparatory to commission of the offence, he is guilty of attempting to commit an offence

Question 2

Act must be more than merely preparatory

Answer 2

R v Gullefer

Question 3

Accused done an act show he was trying to commit a full offence

Answer 3

R v Geddes

Question 4

Conduct must be sufficient as the last act before the full offence

Answer 4

R v Jones

Question 5

if prosecution cannot prove defendant had intention, not guilty of attempt

Answer 5

R v Easom

Question 6

Defendant have conditional intent, defendant could be charged with an attempt

Answer 6

A-G Reference (No.1 and 2 of 1979)

Question 7

Intention to kill sufficient for mens rea for attempted murder

Answer 7

R v Whybrow

Question 8

General rule that recklessness is not sufficient for the mens rea of attempts

Answer 8

R v Milliard and Vernon

Question 9

Exception is where recklessness is only one part of the mens rea of specific offence

Answer 9

A-G Reference (NO.3 of 1992)

Question 10

Impossibility

Answer 10

S.1 (2) of Criminal Attempts Act 1981= person may be guilty to commit an offence even though the facts are such that commission of the offence is impossible (R v Shivpuri)