14 Attempts

Question 1

What is the mens Rea for attempted murder?

Answer 1

-intent to kill

Question 2

What is the mens Rea for attempted rape?

Answer 2

• the defendant intends to have sexual intercourse with the victim and is reckless to the victims consent
• Khan (1990)

Question 3

What are the 3 approaches taken to attempts in AG’s ref 3/92?

Answer 3

1. Recklessness as to the circumstances but not consequences - D intends their action and its consequences but can be reckless as to circumstances
2. Recklessness to circumstances or consequences - D intends their action and its consequences but an be reckless to the consequences or circumstances if recklessness is enough for the complete offence
3. The Missing Element Test - the defendant must intend to supply the missing element in the full offence I.e. The sexual intercourse for rape

Question 4

What is the meaning of more than merely preparatory and when was this controversial?

Answer 4

• It’s ordinary meaning - Jones (1990)

- controversy surrounded the decision in Geddes (1996) which found D not guilty based on the strict ordinary meaning

Question 5

Does the defendant need to have done the last act before completing his offence?

Answer 5

• not necessarily, but this will make the finding of an attempt more likely
• the criminal act may be one in a string of events contributing towards the full offence I.e. A theft but these will not be more than mere preparation - Gullefer (1991)

Question 6

Defendant coming face to face with the target?

Answer 6

-this will usually be a more than merely preparatory act - Campbell (1991)

Question 7

What if a consequence is physically impossible?

Answer 7

• the question is addressed on the facts as the defendant believed them to be
• if a defendant is selling chalk but he believes it is cocaine he can still be convicted
• if he shoots at someone off in the distance knowing he cannot hit them he probably cannot be convicted

Question 8

What did Shivpuri (1987) say?

Answer 8

-if the defendant was doing something more than merely preparatory on the facts as he believed them, he can be convicted - cocaine chalk seller example

Question 9

What is the actus reus and mens Rea for an attempt?

Answer 9

Actus Reus: the defendant did an act more than merely preparatory to the commission of the full offence

Mens Rea: an intention to commit the offence