Attempts

Question 1

What is an attempt as defined by the Criminal Attempts Act 1981?

Answer 1

An act done with intent to commit an offence that is more than merely preparatory

Question 2

What case involved D putting cyanide in his mother’s tea?

Answer 2

R v White (1910)

Question 3

What must be proven for an act to be considered an attempt?

Answer 3

Intention to commit an offence and an act that is more than merely preparatory

Question 4

What is the actus reus of an attempt?

Answer 4

More than merely preparatory actions

Question 5

What was the outcome of Gullefer (1987)?

Answer 5

D not guilty of attempted theft as he had not commenced the crime

Question 6

What principle was established in Boyle and Boyle (1987)?

Answer 6

Caught in the act of breaking in constitutes an attempt

Question 7

In Tosti and White (1997), what was the jury’s conclusion?

Answer 7

D’s actions were more than merely preparatory

Question 8

What is the significance of Campbell (1991)?

Answer 8

D had not embarked on the crime proper, thus not guilty of attempt

Question 9

What was the ruling in Geddes (1996)?

Answer 9

D’s actions were merely preparatory and did not constitute an attempt

Question 10

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

Answer 10

Guilt for attempting an offence even if it is impossible to commit

Question 11

What was the outcome of Anderton v Ryan (1985)?

Answer 11

D not guilty for attempting to handle stolen goods that were not actually stolen

Question 12

What principle was established in R v Shivpuri (1987)?

Answer 12

A person can be guilty of attempting the impossible

Question 13

What is the mens rea required for attempted murder according to Whybrow?

Answer 13

Intent to kill

Question 14

What is the key issue with the law on attempts?

Answer 14

Difficulty in distinguishing between preparation and attempt

Question 15

Fill in the blank: The AR of an attempt is that D must do an act which is _______ to the commission of an offence.

Answer 15

more than merely preparatory

Question 16

What case illustrates that an act must be ‘more than merely preparatory’?

Answer 16

Gullefer

Question 17

What does the term ‘embarked upon the crime proper’ refer to?

Answer 17

Beginning the commission of the crime

Question 18

What is the principle established in Moore v DPP?

Answer 18

D’s actions were sufficiently close to the intended offence to constitute an attempt

Question 19

True or False: A person cannot be guilty of attempting an impossible crime.

Answer 19

False

Question 20

What is the Act which defines attempts?

Answer 20

Criminal Attempts Act

The Criminal Attempts Act 1981 defines the law surrounding attempts.

Question 21

What is the AR of an attempt?

Answer 21

D must do an act which is ‘more than merely preparatory’ to the commission of an offence.

This is a key aspect of determining the actus reus for attempted crimes.

Question 22

What is the MR of an attempt?

Answer 22

D must have the intent to commit the offence.

The mens rea for attempts requires a specific intent to commit the underlying crime.

Question 23

What is the principle in Gullefer?

Answer 23

D must have ‘embarked upon the crime proper.’

This establishes a threshold for determining when an attempt begins.

Question 24

What is the principle in Campbell?

Answer 24

D’s actions must be more than preparatory.

This case illustrates the application of the actus reus standard.

Question 25

Which case has been heavily criticised by the Law Commission?

Answer 25

Anderton v Ryan ## Footnote This case was later overruled in Shivpuri.

Question 26

What is the principle in Whybrow?

Answer 26

The MR of attempted murder is intent to kill. ## Footnote This sets a higher standard for the mens rea in cases of attempted murder.

Question 27

What was the decision in Anderton v Ryan and was it correct?

Answer 27

The decision was overruled in Shivpuri. ## Footnote This case was criticized for its interpretation of impossibility in attempts.

Question 28

What is the principle in R v Shivpuri?

Answer 28

Confirmed the ability to attempt the impossible. ## Footnote This case established that a person can be guilty of attempting a crime that is impossible to complete.

Question 29

Why is the MR for attempted murder strange?

Answer 29

It requires intent to kill rather than intent to cause serious harm. ## Footnote This distinction makes the mens rea for attempted murder more stringent.

Question 30

What is the significance of s. 1(2) in the context of attempts?

Answer 30

It allows for the possibility to attempt the impossible. ## Footnote This section is crucial in understanding the scope of attempted crimes.