Attempts

Question 1

Where are attempts defined?

Answer 1

s.1 Criminal Attempts Act 1981

Question 2

What is the max sentence?

Answer 2

Usually the same as for the main offence

Question 3

What is an attempt?

Answer 3

If, with intent to commit an offence […] a person does an act which is more than merely preparatory to the commission of the offence he is guilty of attempting to commit the offence

Question 4

What is the AR?

Answer 4

An act which is more than merely preparatory to the commission of the offence

Question 5

What is the MR?

Answer 5

With intent to commit that offence (full offence)

Question 6

Case for AR, was an attempt

Answer 6

Boyle and Boyle

Question 7

Case for AR, was not an attempt

Answer 7

Campbell

Question 8

Case for MR

Answer 8

• Mohan
• Whybrow

Question 9

Recklessness (MR)

Answer 9

Not enough, however recklessness as to one part of the offence may be enough

Question 10

Conditional intent (MR)

Answer 10

Conditional intent is enough

Question 11

Case for conditional intent (MR)

Answer 11

A-G’s Reference (Nos. 1 and 2 of 1979)

Question 12

What does s.1(2) Criminal Attempts Act 1981 say?

Answer 12

A person can be guilty of an attempted crime even though in the facts the commission of the offence is impossible

Question 13

Case for attempting the factually impossible

Answer 13

Shivpuri

Question 14

Legally impossible

Answer 14

If the offence D believes he is committing does not actually exist, then he cannot be guilty of an attempt

Question 15

Legally impossible case

Answer 15

Taaffe

Question 16

Is an intent to cause GBH enough? (+ case, MR)

Answer 16

No, Whybrow

Question 17

Case for recklessness (MR)

Answer 17

Millard and Vernon