Attempts

Question 1

Define Attempts

Answer 1

D is guilty if, with intent to commit an offence, they do an act which is more than merely preparatory

Question 2

What section is Attempts defined under

Answer 2

s1 Criminal Attempts Act 1981

Question 3

AR for Attempt

Answer 3

More than Merely Preparatory:
- D must go beyond planning/preparation and start actually committing the offence. It is a question for the jury.

Question 4

Give two Cases for the AR of Attempt

Answer 4

R v Jones: Pointing a loaded gun at V = more than merely preparatory
R v Geddes: D hid on toilets with rope/knife -> only preparing, not close enough to offence.

Question 5

What is the 2 Stage Test to Establish the AR for Attempts

Answer 5

Geddes 2 Stage Test:
- Has D moved from planning -> execution?
- Has D actually tried to commit the offence, not just equipped themselves?

Question 6

Mr for Attempts and give a case

Answer 6

D must have a direct intention to commit the crime
R v Whybrow: Attempted murder requires intent to kill only (GBH not enough)

Question 7

Explain Conditional Intent and give a case. MR for Attempt

Answer 7

D can still be guilty if they intended to commit the offence if circumstances allowed.
AG Ref (No1 of 1979): If D would have stolen something if valuable -> Conditional intent is enough

Question 8

Explain Impossibility and give a case. MR for Attempt

Answer 8

• D can still be guilty even if the crime was impossible to complete
  R v Shivpuri: D believed he was dealing drugs (but wasn’t) -> still guilty of attempt.

Question 9

Why does Attempts Exist and give a case

Answer 9

Punishes D’s who: have mens Rea for a crime but fail to complete the Actus Reus.
R v White: Tried to poison mother. Failed. Still guilty of attempted murder.