WEEK 13 Flashcards
(30 cards)
What are inchoate offences?
Statutory offences that create forms of liability without achieving the intended result.
Examples include conspiracy, assisting or encouraging, and attempt.
What does ‘attempt’ mean in criminal law?
When D fails to commit the principal offence due to various reasons, such as a change of mind or impossibility of the act.
Examples of failure include a faulty weapon or being stopped before completion.
What is the significance of Section 1(1) of the Criminal Attempts Act 1981?
It states that a person is guilty of an attempt if they act with intent to commit an offence and do an act that is more than merely preparatory.
No result is required for liability.
What are the two elements required for an attempt?
- Actus reus: D must do an act more than merely preparatory
- Mens rea: D must have intent to commit the main offence
Recklessness is not sufficient for mens rea.
What is the rationale for defining attempts in criminal law?
- Fairness to the defendant
- Avoiding criminalisation of distant thought processes
- Protection of society
- Aligning with political preferences and public attitudes.
What does ‘more than merely preparatory’ mean?
It indicates that the defendant’s actions have progressed beyond preparation to an attempt to commit the crime.
This phrase is not explicitly defined in the Criminal Attempts Act 1981.
What is the ‘last act’ test?
D must complete all acts they believe necessary to commit the principal offence before being liable for attempt.
This test may not adequately protect society.
What is the ‘series of acts’ test?
An attempt can be constituted by an act done with intent that is part of a series of acts leading to the commission of the crime, even if interrupted.
Allows for early intervention by police.
What is the general rule regarding omissions in attempts?
D cannot commit an attempt through omission unless there is a recognized duty to act.
Example: Starving a child with intent to kill may constitute attempted murder.
What is the position on impossibility in attempts?
A person may be guilty of attempting to commit an offence even if the facts make the commission impossible.
Impossibility at law excludes liability, while factual impossibility can still trigger liability.
What is the difference between factual impossibility and legal impossibility?
- Factual impossibility: Attempt can be charged despite the facts making the act impossible
- Legal impossibility: No main offence exists, and thus attempts cannot be charged.
What is an example of factual impossibility?
D attempts to shoot a victim with an unloaded gun.
D is still liable because they have gone beyond mere preparation.
What is the significance of the case R v Gullefer (1990)?
D tried to stop a dog race but had not yet made demands or taken steps to commit theft; his appeal was allowed.
This case illustrates the application of the ‘more than merely preparatory’ test.
What did the Law Commission recommend regarding attempts?
The Law Commission aimed to avoid overly narrow or wide applications of the attempt test and suggested a middle ground.
Their recommendations sought clarity in distinguishing preparatory acts from attempts.
What is the role of public attitudes in interpreting attempts?
Public attitudes can influence the interpretation of what constitutes an attempt and the associated liability.
This interplay affects legislative and judicial approaches to inchoate offences.
What is the liability of D if attempting to shoot V with an unloaded gun?
D is liable because has gone beyond mere preparation.
This indicates that the act surpasses mere intention and enters the realm of attempt.
In cases of factual impossibility, what is the key question regarding D’s actions?
Whether D’s acts have gone beyond mere preparation on the facts as D believed them to be.
This highlights the subjective nature of assessing D’s actions in the context of attempt.
What is an example of factual impossibility?
E.g. putting sugar in tea believing it is poison.
This illustrates how D’s belief can affect the assessment of their actions.
What does S1(1) of the Criminal Attempt Act 1981 state regarding intent?
A person must act with intent to commit an offence to which this section applies.
This establishes the fundamental requirement of intent in attempts.
What type of intention is required for attempts according to S1(1) of the Criminal Attempt Act 1981?
D must act with intention to commit the AR elements of the principal offence, regardless of the MR for that offence.
This underscores the direct relationship between intention and the act of attempting a crime.
What does conditional intention mean in the context of attempts?
Where D decides to commit a principal offence if certain conditions arise.
Conditional intention is recognized as a valid form of intent for attempts.
What is the MR for attempted murder?
Intention to kill only.
This is crucial since the MR for murder includes causing GBH, but for attempts, it is strictly intention to kill.
In the case of attempted aggravated criminal damage, what type of MR is allowed?
Recklessness could be a sufficient mens rea for the attempt.
This indicates that the MR for the aggravating circumstance can differ in attempts.
What was the problem in the Khan case regarding consent?
D was reckless as to V’s lack of consent but did not intend it.
This raised questions about the application of intention in attempts when it comes to circumstance elements.
