ATTEMPTS

Question 1

what does s1(1) of the criminal attempts act 1981 say

Answer 1

d is guilty if, with intent, he commits an act that is more than merely preparatory to the commission of the offence

Question 2

acteus reus of attempted crime

Answer 2

preform an act that is more than merely prepatory to committing a crime

Question 3

mens rea of attempted crime

Answer 3

intend to commit that crime

Question 4

r v gullefer?

Answer 4

d must have started the actual crime, not just prepared to commit it

Question 5

r v jones?

Answer 5

more than merely prepatory doesnt mean the very last act before the crime is complete; just that d has started the crime properly

Question 6

r v geddes?

Answer 6

court said to work out if a crime is more than merely prepatory we should ask:
1. has the accused moved from planning to the execution
2. had the accused done an act showing that he was trying to commit the full offence, or had he only got as far as getting ready, or putting himself in a position or equipping himself to do so

Question 7

r v whybrow

Answer 7

d cant have implied malice for attempted murder- must be express

Question 8

ag ref (1 and 2 of 1979)?

Answer 8

conditional intent is fine for attempted theft; d doesnt need a specific object in mind

Question 9

s1(2) CAA 1981

Answer 9

a person may be guilty of attempting to commit an offence even though the facts are such that the commission of the offence is impossible

Question 10

s1(3) CAA 1981

Answer 10

shows that if the facts as D believed them to be would give him intent to commit an offence, even though in reality it would be impossible to commit that offence, he will be treated as having the intent to commit that crime

Question 11

shivpuri?

Answer 11

its a crime to attempt to do the impossible