Attempts

Question 1

How and where is Attempts defined?

Answer 1

S1(1) of the Criminal Attempts Act 1981. D is guilty if, with INTENT, he commits an act that is more than preparatory to the commission of the offence.

Question 2

Actus Reus of Attempts?

Answer 2

Perform an act that is MORE THAN PREPARATORY to committing a crime.

Question 3

Mens Rea of Attempts?

Answer 3

Intent 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

D does not have to have done the last possible act except for
succeeding to have gone beyond preparing, just started the crime

Question 6

R v Geddes

Answer 6

Has D actually tried to commit the crime or just prepared to start trying? Have they moved from planning/preparation to implementation/execution?

Question 7

Which Mr. is specified by s1(1)? case?

Answer 7

Intent. Mohan, D aims/decides/sets out to bring about a consequence.

Question 8

For attempted murder which murder Mr. must D have?

Answer 8

Express malice as its if D didn’t aim to kill it cannot be fair to say they have attempted murder. R v Whybrow.

Question 9

What case talks about conditional intent and what does it say?

Answer 9

AG’s Ref (1and 2 of 1979). Conditional intent is fine for attempted theft; D does not need a specific object in mind.
As long as you can show D intended to steal something, this is enough for attempted theft.

Question 10

what are the 2 sections and case about attempting to do the impossible? what do they say?

Answer 10

S1(2) and (3)confirmed by Shivpuri. Even if it was impossible for D to have committed a crime, D can be guilty of an attempt if D believed it was possible to succeed in the crime.