preliminary offences (attempts)

Question 1

what act covers attempts?

Answer 1

the criminal attempts act 1981

Question 2

what is the actus reus of attempts?

Answer 2

a positive act, not omission, that is more than merely preparatory to the commision of the offence

Question 3

give some case examples of merely preparatory events

Answer 3

-R v Campbell - post office, crash helmet and knife, ‘robbery’, didn’t enter
-R v Geddes - boys toilet, backpack with rope, knife, tape, false imprisonment

Question 4

give some case examples of more than merely preparatory events

Answer 4

-R v Boyle and Boyle - found next to a door with a broken lock and hinge, attempted burglary
-R v Jones - got into car and pointed shotgun, attempted murder

Question 5

what is the mens rea of an attempt?

Answer 5

intent to commit the full offence, but sometimes intent to attempt suffices

Question 6

key cases on the mens rea of attempts

Answer 6

-R v Whybrow - wired soap dish next to bath, attempted murder
-R v Khan - attempted rape, unsuccessful

Question 7

what is an impossible attempt?

Answer 7

2 possibilities-
-factually impossible (literally impossible but they think it isn’t)
-legally impossible (isn’t something illegal but they think it is)

Question 8

key cases on impossible attempts

Answer 8

-R v Shivpuri - thought he was couriying heroin, but it was actually a harmless vegetable substance
-R v Jones - thought he was messaging a 13 y/o but it was actually a police officer undercover