Attempts

Question 1

Definition and Act

Answer 1

Under s1(1) Criminal Attempts Act 1981 and is defined as “if, with intent to commit an offence to which this section applies, a person does an act which is more than merely preparatory towards the commission of an offence, he is guilty of attempting to commit the offence”.

Question 2

1. AR for Attempts

Answer 2

Defendant does an act which is more than MERELY PREPARATORY to the commission of the offence

R v Boyle and Boyle - ‘more than merely preparatory’ (must include)

R v Gullefer - ‘embark on the crime proper’ (must include)

R v Campbell - Not Attempted

Question 3

1b. Ask these questions from the case if it is still in preparation stage

Answer 3

R v Geddes - Has the accused moved from planning or preparation to execution?

Or

Had the accused done an act showing that they was actually trying to commit the offence, or had they only got as far as getting ready, or putting themself into a position or equipping themselves, to do so?

Question 4

2. MR for Attempts

Answer 4

s1(1) Criminal Attempts Act 1981 - ‘with intent to commit an offence to which this section applies’

R v Millard and Vernon

Attempted Murder (if in scenario) - must prove intention to kill, intention to serious harm is not enough as seen in R v Whybrow

Question 5

2b. Mention if in scenario

Answer 5

Conditional Intent - AG’s Ref No1 & No2

Withdrawal - Not a defence - R v Taylor

Attempting to do the impossible - s1(1) Criminal Attempts Act 1981 - no defence to the offence of carrying out the impossible, accused is still liable for attempts even for trying to commit the impossible