preliminary offences: attempts

Question 1

what is an attempt?

Answer 1

where a person has tried to commit a full offence, but for whatsoever have failed in achieving their aim e.g trying to kill someone but failed

Question 2

what governs attempts?

Answer 2

S1(1) Criminal Attempts Act 1981

Question 3

what are the only types of offences that someone can be convicted of an attempt?

Answer 3

triable either way offences or indictable offences (S1(4)).

Question 4

name and explain the 3 types of attempts

Answer 4

• thwarted attempt: D prepared to commit a crime, but something/someone prevents them from doing it just before they plan to carry it out
• failed attempt: D does all they can to commit a crime but their actions are ineffective (White)
• impossible attempt: D attempts to commit an offence that cannot be carried out either because it is legally impossible (Taafe) or as it is factually impossible (Shivpuri)

Question 5

which impossible crime can a D be guilty of?

Answer 5

factually impossible (S1(2))

Question 6

explain the actus reus

Answer 6

• D’s conduct is more than merely preparatory towards the commission of the offence (S1(1))
• they do not have to reach the point of no return (Attorney General Reference (No 1 of 1992)
• they must have embarked on the crime proper (Gullefer)
• they must have moved on from planning/preparation to implementation/execution and they did an act that indicates they were trying to commit the offence in full (Geddes)

Question 7

name cases where D’s conduct was more than merely preparatory (4)

Answer 7

• Boyle and Boyle: standing by hinged door
• Tosti: hiding metal cutting equipment and inspecting a lock
• Jones: getting into V’s car with gun and pointed at them
• Dagnall: D guilty of attempted rape although not attempting to commit sexual act - conduct made V feel as though she was about to be raped

Question 8

name cases where D’s conduct was mere preparation (2)

Answer 8

• Gullefer: failing to go to betting booth to get money back after jumping on racecourse to void race
• Campbell: failing to enter post office and just standing outside wearing visor with a threatening note/imitation gun

Question 9

explain the mens rea

Answer 9

• step 1:
  
  • D had direct intent (Mohan) to commit full offence
  • recklessness not enough (Millard and Vernon) unless offences MR requires at least 2 types to fulfil it…if so, as long as there is direct intent for the conduct element, the circumstances element can be satisfied through direct intent or recklessness (Khan)
  • for attempted murder, D must have direct intent to kill (Whybrow)
  • conditional intent to steal can satisfy MR of attempted theft (Attorney General reference (No. 1+2 of 1979)
• step 2: D must have direct intent for the more than merely preparatory acts (Mohan)